Recent changes to immigration policies in the United States have caused many immigrants to fear attending their scheduled check-ins with U.S. Immigration and Customs Enforcement (ICE). Legal experts warn that failing to report to ICE on the scheduled date could lead to serious consequences.
Bashu Phulara, a New York-based immigration attorney, emphasized the importance of strictly adhering to the legal requirements for individuals who have been arrested and placed in deportation proceedings but have been released with a scheduled ICE check-in. He stated to NepYork, “Attending the ICE check-in as scheduled is not optional—it is a mandatory obligation, and failure to appear can result in immediate consequences, including a warrant for arrest and potential detention.”
Phulara advised that immigrants attending ICE check-ins should bring all necessary documents, including proof of identification, evidence of residence, and any relevant immigration paperwork. He also stressed that legal representation is crucial in such circumstances. Consulting with an experienced immigration lawyer in advance can help assess available legal options, prepare for potential outcomes, and ensure all processes are followed correctly.
For individuals who have received a Notice to Appear in court, Phulara stressed the need for careful review of their case and mandatory attendance at the scheduled immigration hearings. He pointed out that ICE officers may evaluate compliance with release conditions during the check-in and may determine whether ongoing supervision or detention is required.
One of the key programs that helps immigrants comply with release conditions is the Intensive Supervision Appearance Program (ISAP), part of the Alternatives to Detention (ATD) program run by ICE. ISAP allows noncitizens to remain in the community under supervision instead of being detained, offering an alternative that reduces the strain on the immigration detention system. While in ISAP, participants are required to follow conditions such as regular check-ins, electronic monitoring, or updating their address, but it allows them to avoid detention unless absolutely necessary.
“Adhering to any conditions imposed by ICE, such as periodic check-ins, electronic monitoring, or address updates, is crucial. Individuals facing possible detention should plan ahead,” Phulara said. He recommended notifying family members and lawyers about appointments and fully understanding one’s rights under immigration law.
Recent reports indicate that many Nepali immigrants with cases in immigration courts or the Board of Immigration Appeals are apprehensive about attending their ICE check-ins. Those who have not received a Notice to Appear are even more fearful. Legal experts warn that failure to attend ICE check-ins could result in being removed from programs like ISAP that allow individuals to fight their cases outside detention and may lead to being placed in immigration detention.
If an individual misses an ICE check-in due to circumstances beyond their control, such as a severe illness or accident, experts suggest informing ICE as soon as possible. If they cannot do so directly, they should have a reliable person notify ICE on their behalf. In such cases, it is recommended to contact an immigration attorney immediately.
Some individuals may be afraid of detention at their ICE check-ins. However, the main goal of the Alternatives to Detention (ATD) program, including ISAP, is to keep individuals out of detention and reduce the strain on the immigration detention system. Being part of this program means that ICE does not intend to detain the individual, and efforts are made to avoid detention unless absolutely necessary.
The best way to avoid detention is to follow ICE’s instructions, keep your address updated in their records, and attend all check-ins. You should respond every time ICE tries to contact you. If you comply with the rules and attend your check-ins on time, there should be no reason for ICE to detain you, according to legal experts.
However, failure to follow the given instructions can result in detention. Legal experts warn that if appointments are missed without rescheduling, addresses are not updated, or criminal charges are filed, ICE may detain individuals even during check-ins. In such cases, it is advisable to contact a licensed attorney.
Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
