On May 16, 2023, Immigration Customs Enforcement (ICE) Enforcement Removal Operations (ERO) announced the implementation of the Family Expedited Removal Management (FERM) Program. This program created a streamlined process for certain families who entered the United States seeking asylum at the Southwest border to be placed in expedited removal proceedings. Under FERM, ICE ERO placed the head of the household for the family unit into a GPS ankle monitor and set a “home curfew” to ensure families attended their credible fear interviews . By the end of the Biden administration, the FERM program was operational in 45 cities nation-wide.
The Council submitted a request for records under FOIA on November 21, 2023, and a subsequent lawsuit under FOIA on April 5, 2024. For more information on the request and lawsuit, see the text below.
Key Developments
The Council obtained these important records:
FERM Concept Operations Report
Includes: information stating that some people enrolled in FERM were granted parole under a “significant public benefit.”
If individuals enrolled in FERM were paroled, they may be covered under the benefits of CHIRLA v. Noem.
FERM Processing Memo
Includes: References to units that maintained FERM data. The government in the FOIA litigation claimed it did not maintain data on the program.
FERM Participant Guide
Redacted in its totality because the program was run by BI, and the government claimed that the materials included in the guide were exempted under Section 552(b)(4), which applies to trade secrets and confidential commercial or financial information.
Obtaining the Information
November 21, 2023 – The Council and AILA File FOIA Requests Seeking Information on FERM Program
The lack of transparency from the government prompted the Council and AILA to file a FOIA request seeking further information about FERM and the agency’s goal to place families on expedited removal track. The agencies involved failed to publicize the criteria to place families in the program.
The FOIA request sought both ICE and Customs and Border Patrol (CBP) information about the program and data about the families enrolled. Specifically, the requesters asked for:
- Records on the criteria the agencies use to enroll families in the FERM program, including the list of nationalities who may be subject to FERM and the cities where it operates.
- Documents and information given to families about the program, including information about access to legal representation.
- Demographic data on the families placed in FERM.
April 5, 2024 – The Council Files Lawsuit to Get Records about FERM
Since neither ICE nor CBP responded to the request the Council filed a lawsuit on April 5 to compel disclosure. In December 2024, ICE began providing the Council with productions on FERM.
