Case 1:15-cv-00011-JEB Document 40 Filed 05/13/15 Page 1 of 2

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

R.I.L.R., et al., on behalf of
themselves and others similarly situated,
Plaintiffs,
v.
JEH JOHNSON, Secretary of Homeland
Security, et al.,
Defendants.

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Civil Action No. 1:15-cv-00011-JEB

NOTICE TO THE COURT
Defendants hereby give notice to the Court of the attached News Release being issued
today regarding the Government’s plans for enhanced oversight for family residential centers. In
the attached, the Government announces its policy determination to discontinue, at this time,
invoking deterrence as a factor in custody determinations in all cases involving families,
irrespective of the outcome of this litigation. Notwithstanding this present policy determination,
the Government maintains its position in this litigation that this Court lacks jurisdiction over the
claims in this case, and that application of the policy was lawful at the time and would be lawful
in the future if reinstated.

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Dated: May 13, 2015

Respectfully submitted,

RONALD C. MACHEN JR.
D.C. BAR # 447889
United States Attorney for
the District of Columbia

BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
Civil Division

DANIEL F. VAN HORN
Chief, Civil Division
D.C. Bar #924092
BY: /s/ Wynne P. Kelly
WYNNE P. KELLY
Assistant United States Attorney
555 Fourth St., N.W.
Washington, D.C. 20530
Wynne.Kelly@usdoj.gov
Phone: (202) 252-2545

LEON FRESCO
Deputy Assistant Attorney General
Civil Division
WILLIAM C. PEACHEY
Director, District Court Section
Office of Immigration Litigation
WILLIAM C. SILVIS
Assistant Director, District Court Section
Office of Immigration Litigation
BY: /s/ Sarah B. Fabian
SARAH B. FABIAN
Senior Litigation Counsel
District Court Section
Office of Immigration Litigation
Civil Division, U.S. Department of Justice
P.O. Box 868, Ben Franklin Station
Washington, D.C. 20044
Phone: (202) 532-4824
Fax: (202) 616-8962
Sarah.B.Fabian@usdoj.gov
Attorneys for Defendants

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Press Office
U.S. Department of Homeland Security

Press Release
May 13, 2015
Contact: DHS Press Office, (202) 282-8010

ICE Announces Enhanced Oversight for Family Residential Centers
WASHINGTON – Today, U.S. Immigration and Customs Enforcement (ICE) announced a series of
actions to enhance oversight and accountability, increase access and transparency, and ensure its
family residential centers continue to serve as safe and humane facilities for families pending the
outcome of their immigration proceedings.
“Following last summer’s unprecedented spike in illegal migration of unaccompanied minors and
adults with children at the Rio Grande Valley, we responded with decisive action on a number of
fronts. One element of this comprehensive approach was opening additional facilities for adults with
children, as they wait for a resolution to their immigration case,” said ICE Director Sarah R.
Saldaña. “While we routinely review and evaluate our facilities to ensure that we are providing the
level of care required by our Family Residential Standards, we understand the unique and sensitive
nature of detaining families and we are committed to maintaining the optimal level of care. The
measures ICE is announcing reaffirm that understanding and our commitment, to ensuring all
individuals in our custody are held and treated in a safe, secure, and humane manner.”
After undertaking a comprehensive assessment of its family residential centers, ICE is taking the
following actions:
First, ICE will create a new Advisory Committee, consistent with the Federal Advisory Committee
Act, to advise the Director and the Secretary concerning ICE’s family residential centers. The
committee will be comprised of experts in the fields of detention management, public health,
children and family services, and mental health.
Second, Director Saldaña has designated a senior ICE official with the responsibility to coordinate
and review family residential facility policies. This official will work directly with the facilities and
ICE headquarters, while also engaging regularly with key stakeholders. The official will report
regularly to the Director and coordinate an ongoing review of the policies and procedures that
govern our family residential centers.
Third, building on recent efforts, ICE and the Department will undertake a series of engagements
over the next several months with stakeholders to listen and discuss their concerns regarding family
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residential centers. When improvements can be made consistent with ICE’s public safety mission,
every effort will be made to make such adjustments.
Fourth, while ICE’s family residential centers currently operate in an open environment that
includes play rooms, social workers, educational services, comprehensive medical care, and access
to legal counsel, ICE will explore ways to further enhance these conditions. The well-being of
detained families, particularly of children, is of paramount importance to ICE. Similarly, ensuring
access to counsel continues to be an ICE priority. As such, ICE will take additional measures to
promote these values, including addressing language access issues for speakers of indigenous
languages, providing dedicated work spaces for pro bono attorneys, and making available additional
attorney-client meeting rooms.
Fifth, because of the sensitive and unique nature of detaining adults with children, ICE will also
implement a review process for any families detained beyond 90 days, and every 60 days thereafter,
to ensure detention or the designated bond amount continues to be appropriate while families await
conclusion of their immigration proceedings before the Department of Justice’s Executive Office for
Immigration Review.
Finally, on February 20, 2015, a federal district court in Washington, D.C. enjoined ICE from
invoking general deterrence in custody determinations where an individual from Central America in
a family residential center is found to have a credible fear of removal. ICE has complied with that
injunction, but has moved for reconsideration of the Court’s ruling. Notwithstanding that, ICE has
presently determined that it will discontinue invoking general deterrence as a factor in custody
determinations in all cases involving families. This would affect not only families covered by the
injunction, but also families from non-Central American countries and families who have established
either a credible fear or reasonable fear of removal.
Homeland Security Secretary Jeh Johnson has made it clear that our borders are not open to illegal
migration, and that individuals apprehended crossing the border illegally are a Department priority
and that ICE should allocate enforcement resources accordingly, consistent with our laws and
values. As such, ICE is endeavoring to use appropriate prosecutorial discretion and dedicating
resources, to the greatest degree possible, to the removal of individuals who are considered
enforcement priorities, which include recent border entrants.
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