Best practices for law firms to support clients impacted by ICE’s expanded detention rules.
Immigration law firms are facing a new wave of challenges as ICE expands its mandatory detention policies, tightening enforcement against individuals with certain criminal histories or pending removal proceedings. These changes not only heighten the stakes for affected clients but also place law firms under pressure to act swiftly and strategically.
For attorneys and paralegals, proactive planning, clear communication, and streamlined workflows are critical to protecting clients and mitigating risks. Below, we explore best practices that can help law firms stay ahead of the curve.
1. Stay Ahead of Policy Changes
ICE’s detention directives can evolve rapidly, with new memoranda or operational priorities released on short notice.
- Monitor official channels (ICE, USCIS, DOJ) and trusted legal news sources weekly.
- Subscribe to policy alerts and AILA updates to receive real-time notifications.
- Maintain an internal tracking document summarizing changes that affect bond eligibility, detention priorities, and prosecutorial discretion.
2. Prioritize Rapid Risk Assessments
For clients who may fall under mandatory detention categories, early risk assessments are essential.
- Conduct criminal record checks and review prior immigration history as soon as a client engages your firm.
- Evaluate eligibility for bond hearings or humanitarian parole and prepare arguments in advance.
- Flag high-risk cases internally so attorneys can prioritize responses to ICE actions.
3. Strengthen Client Communication Protocols
Expanded detention policies often mean shorter notice windows before ICE takes action.
- Set up SMS or email alert systems for urgent communications.
- Provide clients with “Know Your Rights” guides in multiple languages so they understand what to do if approached by enforcement officers.
- Ensure all client contact information is verified and updated to avoid missed notices or court appearances.
4. Collaborate with Detention Facilities and Local Counsel
Building relationships with detention centers and local bond attorneys can reduce delays and improve outcomes.
- Identify trusted local counsel near key ICE detention facilities who can respond quickly if a client is detained.
- Understand the facility’s procedures for attorney visits, evidence submission, and document delivery.
- Develop pre-written checklists for paralegals handling detained client cases.
5. Leverage Technology for Case Management
A centralized case management system can help teams act quickly when ICE takes action.
- Use tools like Clio, MyCase, Docketwise, or immigration-focused CRMs to set automated reminders for court deadlines and detention-related filings.
- Maintain digital document packets (G-28, I-589, I-765, etc.) ready for immediate submission when a detention occurs. Get those signatures ahead of time and keep them on file!
- Track all ICE communications and maintain a shared timeline to keep the legal team aligned.
6. Educate and Reassure Clients
Clients facing detention fear uncertainty more than anything. Your role extends beyond legal guidance.
- Host informational sessions or webinars explaining what mandatory detention means and how your firm can help.
- Offer step-by-step guides on what family members should do if a loved one is detained.
- Be transparent about possible delays or obstacles while highlighting your strategy to navigate them.
Conclusion
ICE’s expanded mandatory detention policies demand a proactive, organized, and empathetic approach from law firms. By staying informed, building rapid response systems, and leveraging technology, firms can not only protect their clients but also position themselves as trusted advocates during these turbulent times.
To discuss more opportunities to optimize workflows or leverage our team of expert immigration paralegals, schedule a call now.