INS Restricts Release of Information about Detainees in Nonfederal Institutions

IMMIGRATION LAW & POLICY

Arrest and Detention

INS RESTRICTS RELEASE OF INFORMATION ABOUT DETAINEES IN NONFEDERAL INSTITUTIONS
Immigrants' Rights Update, Vol. 16, No. 3, May 30, 2002

The Immigration and Naturalization Service has issued an interim rule prohibiting the public disclosure by state and local detention facilities or private contract facilities of the name or any other information relating to any detainee held in custody on behalf of the INS. Under the rule, such information may be disclosed only through requests made to the INS and pursuant to federal law, regulations, and executive orders. In promulgating the rule without prior public notice, the INS invoked the "good cause" exception to the Administrative Procedure Act, asserting that the rule is needed "[i]n light of the national emergency declared by the President . . . with respect to the terrorist attacks of Sept. 11, 2001, and the continuing threat by terrorists to the security of the United States, and the need immediately to control identifying or other information pertaining to Service detainees."

According to an Apr. 19, 2002, report in the New York Times, Bush administration officials acknowledged that the rule had "at least in part" been prompted by a lawsuit in New Jersey seeking the release of names of immigration detainees held in county jails. In March 2002, a New Jersey state court ordered the release of information regarding INS detainees held in jails in Hudson and Passaic counties. That order was stayed for 45 days pending appeal at the request of the government.

The rule took effect on Apr. 17, 2002, five days before it was published in the Federal Register. Written comments to the rule must be submitted on or before June 21, 2002.

67 Fed. Reg. 19,508 (Apr. 22, 2002).