Over the past decade, the United States government has dramatically expanded its use of a program called “stipulated removal” that has allowed immigration officials to deport over 160,000 non-U.S. citizens without ever giving them their day in court. Stanford Law School Immigrants’ Rights Clinic (Stanford IRC) and the National Immigration Law Center (NILC), on behalf of clients NILC, National Lawyers Guild-San Francisco, and the ACLU of Southern California, sued to get more information about this program under the Freedom of Information Act (FOIA). Prior to the lawsuit, the stipulated removal program had operated largely outside the public eye. After extensive negotiation, Stanford IRC and its clients/co-counsel were able to obtain thousands of pages of documents, links to which are provided below. Attorneys and law professors at Western State University College of Law, Stanford IRC, and NILC have also written a report synthesizing information obtained from the never-before-released U.S. government documents and data about stipulated removal. Many of these government records reveal that the stipulated removal program has been implemented across the U.S. in a way that is likely to infringe immigrants’ due process rights.
Links to the documents obtained through the FOIA lawsuit are provided below.
Customs and Border Protection (CBP) is a sub-agency of the Department of Homeland Security (DHS) involved in the implementation of stipulated removal. CBP agents at our borders decide who to place in removal proceedings and who to target for stipulated removal.
The following is a link to the documents about stipulated removal produced by CBP:
2008F2653(2) [5.5MB | 124 pages]
The Executive Office for Immigration Review (EOIR) is the sub-agency of the Department of Justice that contains all the immigration judges. These judges review stipulated agreements, and many have expressed concern with the stipulated removal program.
Seven batches of documents were produced by EOIR in response to the Freedom of Information Act request and lawsuit. The documents produced are linked below.
2008-5140(2) [3MB | 120 pages]
2008-5140(3) [9MB | 342 pages] and 2008-5140(7) [11MB | 523 pages]
2008-5140(4) [26MB | 754 pages]
2008-5140(5) [25MB | 802 pages]
2008-5140(6) [29MB | 608 pages]
2008-5140(8) [15MB | 379 pages]
Immigration and Customs Enforcement (ICE) is one of the sub-agencies of the Department of Homeland Security (DHS) responsible for implementing stipulated removal. ICE agents decide who to target for stipulated removal. In many instances, these agents also provide the only information about their case that immigrant detainees receive before agreeing to stipulated removal. ICE attorneys then transmit stipulated removal forms from detainees to immigration judges, and ICE agents subsequently implement the physical removal of the detainee from the United States.
The documents produced by Immigration and Customs Enforcement are organized by geography. Links to these documents are provided below.
08-1450(1) [23MB | 566 pages]
06.23467 [22MB | 584 pages]
08-1450(3) [9MB | 324 pages]
08-1450(4) [12MB | 314 pages]
08-1450(5) [27MB | 477 pages]
08-1450(6) [26MB | 557 pages]
08-1450(7) [21MB | 335 pages]
08-1450(8) [14MB | 394 pages]
08-1450(9) [39MB | 1178 pages]
08-1450(10) [56MB | 716 pages]
08-1450(11) [24MB | 736 pages]
08-1450(12) part 1 [76MB | 383 pages]
08-1450(12) part 2 [70MB | 406 pages]
08-1450(13) [46MB | 528 pages]