Can A Detained Immigrant Request A Transfer To Another Facility?

A detained immigrant may request a transfer to another detention facility under certain circumstances, such as if the current facility’s conditions are unsuitable, if there are medical needs that the current facility cannot accommodate, or if there are concerns about family proximity or legal representation. The request is typically made to U.S. Immigration and Customs Enforcement (ICE), which evaluates these factors before approving or denying the transfer. However, the transfer is not guaranteed and depends on the specific conditions and policies of ICE.

Circumstances for Requesting a Transfer:

• Medical Needs: If a detained immigrant requires specialized medical treatment or care that the current detention facility is unable to provide, they may request a transfer to a facility that can meet those needs. Medical documentation from a physician or medical professional is often required to support the request.
• Proximity to Family: An immigrant may request a transfer to a facility that is closer to their family members, especially if the family is actively involved in their legal proceedings or can provide support. This is particularly important for individuals who have young children or other dependents in the U.S.
• Legal Representation: If the immigrant's attorney is located near a different detention facility, a transfer may be requested to allow better access to legal representation. Legal teams often work more effectively when they can regularly meet with their clients in person.
• Safety Concerns: If an immigrant faces safety risks or is in danger at their current facility, such as threats of violence or discrimination, they may request a transfer to a different facility. Documentation of the safety concerns, such as reports or complaints, may be required to support the request.
• Overcrowding or Unfair Conditions: If the current facility is overcrowded or has substandard living conditions, a request for transfer may be made. While not always a basis for transfer, severe overcrowding or human rights violations may strengthen the case for relocation to another facility.
• Court Order: In some cases, an immigration judge may order a transfer if it is determined that moving the detainee to a different facility is in their best interest or necessary for their case.

How Requests for Transfer Are Evaluated:

• ICE’s Discretion: ICE has the discretion to approve or deny transfer requests. The agency considers factors such as the availability of space in other facilities, the detainee’s specific needs, and security concerns. Requests based on family proximity or medical needs are often prioritized, but there is no guarantee of approval.
• Availability of Facilities: ICE operates a network of detention facilities, but not all facilities have the same resources, including medical care, security, or accessibility to legal representatives. A transfer request may be denied if no appropriate facility is available.
• Priority of Requests: While ICE does consider the detainee's individual circumstances, it prioritizes requests based on urgency and available resources. Requests based on medical needs or safety concerns may take precedence, while requests based on convenience, such as proximity to family, may be less likely to result in transfer.
• Duration of Detention: Longer-term detainees may have more opportunity to request transfers, especially if their case is prolonged or if their conditions change over time. For short-term detainees or those awaiting expedited removal, transfer requests may not be prioritized.

Legal Actions and Protections:

• Right to Request a Transfer: While detained immigrants have the right to request a transfer, there is no legal requirement for ICE to approve the request. The transfer is subject to ICE’s discretion, and detainees must provide sufficient justification for their request.
• Appealing Denied Requests: If a transfer request is denied, detainees may seek legal assistance to file an appeal or bring the matter to the attention of the immigration court. An attorney can help challenge the denial, especially if the reasons for the request—such as medical necessity or safety concerns—were not adequately considered.
• Human Rights Considerations: If the conditions at the detention facility are inhumane or violate the detainee’s basic rights, detainees may also have recourse to human rights organizations that advocate for their safety and well-being. This can sometimes lead to intervention or pressuring ICE to reassess their detention conditions.

Example:

A 45-year-old woman from Mexico is detained at a facility in a remote area, far from her family in California. She requests a transfer to a nearby facility to be closer to her family, who can provide support during her legal proceedings. She also has health issues that require regular follow-ups with a physician. Her attorney submits a formal request to ICE, along with medical records and a statement from her family. After considering the factors, ICE approves her transfer to a facility closer to her family and medical care providers.