Featured Issues

Featured Issue: ICE’s Alternatives to Detention Program

11/21/24 AILA Doc. No. 24112102. Detention & Bond, Removal & Relief

Created in 2002, the Immigration & Customs Enforcement’s (ICE) Alternatives to Detention (ATD) program has significantly expanded since its inception. From original pilot sites with 200 individuals, the program has had as many as 376,000 individuals under monitoring. ICE Enforcement and Removal Operations (ERO) states that it determines the intensity of supervision and monitoring technology on a case-by-case basis.

ICE’s main ATD program consists of the Intensive Supervision Appearance Program (ISAP), which utilizes case management and global position systems (GPS) to ensure noncitizens compliance with release conditions while on ICE’s non-detained docket. There are some sub-programs within ISAP that have also been implemented including the Family Expedited Removal Management (FERM) program, the Young Adult Case Management (YACP) program, and Extended Case Management Services (ECMS). In addition to the ICE ATD program, the only other federally funded alternative to detention program is the DHS Office of Civil Rights and Civil Liberties (CRCL)’s Case Management Pilot Program (CMPP). CMPP has separate enrollment eligibility requirements, is voluntary, and case management is provided from a trauma-informed approach.

According to ICE:

Participant Enrollment for ICE ATD

Adults 18 years of age or older who are released from DHS custody, and who are generally in removal proceedings or subject to a final order of removal, may be eligible for enrollment in ICE’s ATD program. Participants are vetted by officers before enrollment. Officers are to review several factors when making enrollment determinations, including:

  • Criminal, immigration and supervision history
  • Family and/or community ties
  • Status as a caregiver or provider
  • Humanitarian or medical considerations

Cost Effectiveness Compared to More Costly Detention

The daily cost per ATD participant is less than $8 per day — a stark contrast from the cost of detention, which is around $150 per day.

Technology Types

Currently, ISAP ATD uses three different types of technology to ensure compliance with release conditions: telephonic reporting, Global Positioning System (GPS) monitoring, and SmartLINK.

Adjusting Compliance Requirements

ICE indicates that it is best practice for ERO officers to perform compliance reviews every 30 days for a participant who is enrolled in the ATD ISAP program. However, this practice varies. Often, noncitizens or their counsel will be required to actively advocate for a compliance review and request adjustment of their reporting requirements.

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Practice Resources

How to Request Removal of Your GPS Monitor

This guide is intended as a practical resource for pro se individuals (people without lawyers) and is not a substitute for legal advice from an experienced lawyer. This guide will explain how to ask ICE to remove your GPS monitor (ankle monitor, wrist monitor, or SmartLINK app).

12/23/24 AILA Doc. No. 24122336. Detention & Bond, Removal & Relief
Practice Resources

Practice Alert: Advocating for Clients in ICE's Alternatives to Detention Programs

AILA, AMICA Center for Immigrant Rights, and Just Futures Law provide a comprehensive resource for requesting changes to a client’s reporting and technology requirements enrolled in ICE’s Alternatives to Detentions program, including federal litigation options.

12/2/24 AILA Doc. No. 24120237. Detention & Bond, Removal & Relief

Alternatives to Immigration Detention: An Overview

The American Immigration Council examines alternatives to U.S. immigration detention, advocating for community-based, case management models over surveillance-heavy programs to improve compliance and reduce detention costs.

7/11/24 AILA Doc. No. 24112605. Asylum, Detention & Bond
Practice Resources

SmartLINK: The ICE Electronic Monitoring Application on Your Client’s Phone

AILA provides members with a factsheet on the SmartLINK Phone application used by ICE within its Alternatives to Detention Program. The factsheet includes information on how it operates and its functionality.

2/3/23 AILA Doc. No. 23020307. Removal & Relief
Agency Memos & Announcements

Alternatives to Detention Handbook - Intensive Supervision Appearance Program

ICE provides an Alternatives to Detention (ATD) handbook on the Intensive Supervision Appearance Program (ISAP) that provides detailed protocols, charts, and sample forms for applying ICE Enforcement and Removal Operations ATD programs.

8/16/17 AILA Doc. No. 24100931. Detention & Bond, Removal & Relief
Agency Memos & Announcements

Alternatives to Detention Program Guidance

Message from ERO Taskings to field office directors and deputy field office directors with alternatives to detention program guidance including best practices related to referrals to ATD, enrollment in ATD, and ATD case management.

6/8/15 AILA Doc. No. 24100933. Detention & Bond, Removal & Relief
Agency Memos & Announcements

ICE Memo on Alternatives to Detention Program Participant Enrollment Guidance

Memo from Executive Associate Director Gary Mead on alternatives to detention program participant enrollment guidance for all existing and potential ADT participants.

2/28/11 AILA Doc. No. 24100934. Detention & Bond, Removal & Relief
Agency Memos & Announcements

ICE Memo on Use of GPS Monitoring Devices on Persons who are Pregnant or Diagnosed with a Severe Medical Condition

ICE memo stating that effective immediately, the Alternatives to Detention (ATD) program is discontinuing the use of RF and GPS ankle bracelets on persons whose medical conditions render the use of these devices inappropriate. This includes verifiably pregnant women.

9/14/09 AILA Doc. No. 24100935. Detention & Bond, Removal & Relief
Agency Memos & Announcements

ATD Case Management Policy

In an email sent to field office directors and deputy field office directors, DRO Taskings outlines what officers managing ATD cases must do as part of "good case management."

12/17/08 AILA Doc. No. 24100932. Detention & Bond, Removal & Relief