9.1 - Detention

(a) In General

The Department of Homeland Security (DHS) bears the responsibility for the apprehension and detention of noncitizens.  Immigrations judges have jurisdiction over custody determinations under certain circumstances.  See generally 8 C.F.R. § 1003.19.  See also Chapter 9.3 (Bond Proceedings).

(b) Place and Conditions

Noncitizens may be detained in a Department of Homeland Security (DHS) Processing Facility, or in any public or private detention facility contracted by DHS to detain noncitizens.  See 8 C.F.R. § 235.3(e).  Immigration judges have no jurisdiction over the location of detention and the conditions in the detention facility.

(c) Appearance at Hearings

The Department of Homeland Security is responsible for ensuring that detained respondents appear at all hearings.

(d) Transfers and Release

The Department of Homeland Security (DHS) sometimes transfers detained respondents between detention facilities.

      (1) Notification - DHS is obligated to notify the immigration court when a respondent is moved between detention locations.  See 8 C.F.R. § 1003.19(g).

In addition, DHS is responsible for notifying the immigration court when a respondent is released from custody.  See 8 C.F.R. § 1003.19(g).  Nonetheless, the respondent should file a change of address form (Form EOIR‑33/IC) with the immigration court to ensure that immigration court records are up to date.

      (2) Venue - If a respondent has been transferred while proceedings are pending, the immigration judge with original jurisdiction over the case retains jurisdiction until that immigration judge grants a motion to change venue.  Either DHS or the respondent may file a motion to change venue.  See Chapter 5 (Motions Before the Immigration Court).  If DHS brings the respondent before an immigration judge in another immigration court and a motion to change venue has not been granted, the second immigration judge does not have jurisdiction over the case, except for bond redeterminations.

(e) Conduct of Hearing

Proceedings for detained respondents are expedited.  Hearings are held either at the detention facility or at the immigration court, either by video or telephone conference.  For more information on hearings conducted by video or telephone conference, see Chapter 4.7 (Hearings by Video or Telephone Conference).

      (1) Special considerations for hearings in detention facilities - For hearings in detention facilities, parties must comply with the facility’s security restrictions.  See Chapter 4.14 (Access to Court).

      (2) Orientation - In some detention facilities, detainees are provided with orientations or “rights presentations” by non-profit organizations.  The Executive Office for Immigration Review also funds orientation programs at a number of detention facilities, which are administered by the EOIR Legal Orientation Program.  See Additional Reference Materials, Chapter 2.3 (Legal Orientation Program).