ICPM ch. 8.1

(a) In General

The Department of Homeland Security (DHS) bears the responsibility for the apprehension and detention of aliens.  Immigrations Judges have jurisdiction over custody determinations under certain circumstances.  See generally 8 C.F.R. § 1003.19; See also Chapter 8.3 (Bond Proceedings).

(b) Place and Conditions

Aliens may be detained in a DHS Processing Facility, or in any public or private detention facility contracted by DHS to detain aliens.  See 8 C.F.R.  § 235.3(e).  Immigration Judges have no jurisdiction over the location of detention and the conditions in the detention facility.

(c) Appearance at Hearings

DHS is responsible for ensuring that detained aliens appear at all hearings.

(d) Transfers and Release

DHS sometimes transfers detained aliens between detention facilities.

      (1) Notification - DHS is obligated to notify the Immigration Court when an alien is moved between detention locations.  See 8 C.F.R. § 1003.19(g).

In addition, DHS is responsible for notifying the Immigration Court when an alien is released from custody.  See 8 C.F.R. § 1003.19(g).  Nonetheless, the alien must file a change of address form (Form EOIR33/IC) with the immigration court to ensure that immigration court records are up-to-date.

      (2) Venue - If an alien has been transferred while proceedings are pending, the Immigration Judge with original jurisdiction over the case retains jurisdiction until venue is changed.  Either DHS or the alien may file a motion to change venue.  See Chapter 4 (Motions before the Immigration Court). If DHS brings the alien before an Immigration Judge in another Immigration Court and a motion to change venue has not been granted, the second Immigration Judge does not have jurisdiction over the case, except for bond redeterminations. 

OCIJ may clerically or administratively transfer a case between immigration courts without a motion to change venue in limited circumstances. However, an alien will not be administratively transferred without the identification of a fixed and complete street address. Once a clerical transfer is effectuated, a Notice of Hearing will be sent to both parties indicating the new location where the case will be heard.  A party that objects to the clerical transfer may file a motion to change venue.  For further discussion on clerical transfers. See Part V, PM 25-30, Cancellation of Operating Policies and Procedures Memorandum 18-01 (Apr. 25, 2025). 

(e) Conduct of Hearing

Proceedings for detained aliens are expedited.  Hearings are held either at the detention facility or at the Immigration Court, either by video or telephone conference.  For more information on hearings conducted by video or telephone conference.  See Chapter 4.7 (Hearings by Video or Telephone Conference).

      (1) Special considerations for hearings in detention facilities - For hearings in detention facilities, parties must comply with the facility’s security restrictions.  See Chapter 3.13 (Access to Court).