Criminal Defense of Immigrants

(B)  Alternatives to Detention.  The ICE Office of Detention and Removal outlined a number of alternatives to detention based on limited bed space and the success of its National Fugitive Operations Program, including release on an order of recognizance (ROR), release on bond, release using electronic monitoring devices (EMD), and the Intensive Supervision Appearance Program (ISAP).[1]

                (1)  Release on an Order of Recognizance (ROR).  A noncitizen in immigration proceedings may be released from detention under certain restrictions, including regular reporting to Office of Detention and Removal officers and appearing at all immigration court proceedings.  ROR is usually used when a noncitizen does not have sufficient funds to post bond but does not pose a threat to the community or national security.  If s/he fails to appear for the hearing, s/he will be ordered deported in absentia and will be subject to mandatory detention when apprehended.

                (2)  An Appearance Bond.  An Appearance Bond is more restrictive than ROR.  The noncitizen posts a bond of not less than $1,500 dollars, which is forfeited if s/he fails to appear in court as required, or fails to meet any other ICE condition.

                (3)  Electronic Monitoring Devices (EMD).  This is a new program to ensure appearance at court and to comply with removal orders, under which noncitizens awaiting hearings or removal wear either a monitoring ankle bracelet or report by telephone to a case manager.

                (4)  Intensive Supervision Appearance Program (ISAP).  This pilot program is only available to persons not subject to mandatory detention, who have pending immigration court hearings or who await removal from the United States, who are residing within the managed area, and who are not deemed a threat by DHS.  This is a voluntary program, and all participants must agree to comply with the conditions of their release.  Case specialists are then assigned a limited caseload of participants and are responsible for monitoring them in the community by using tools such as electronic monitoring (bracelets), home visits, work visits, and reporting by telephone.  Case specialists also assist participants in obtaining pro bono counsel for their hearings and in receiving other types of assistance.

[226] See Detention and Removal Operations: Alternatives to Detention, http://www.ice.gov, Fact Sheet (July 14, 2004).