EOIR’s Proposed Change to Hotline is Problematic

From the EOIR:

FALLS Church, Va. – The Executive Office for Immigration Review (EOIR) announced [Monday] the
launch of a new, upgraded automated case information system, which is designed to assist respondents
and their representatives and families in learning the current status of their proceedings. The toll-free
number, 1-800-898-7180, has not changed, but a new local number, 240-314-1500, is in service. The
system becomes effective August 23, 2010, and callers will need to be prepared to enter both the alien
registration number and the date of the respondent’s charging document.

The new technology and comprehensive features establish a higher level of security for the
respondent. The system will now require callers to enter the date of the relevant charging document
before accessing information specific to a case. For ease of use, EOIR has posted on its website a
document called “How to Find Charging Document Dates.” This document displays samples of the most
commonly used charging documents and indicates to visitors where to locate the necessary date.
“EOIR is constantly evaluating its programs to improve the way we serve the public,” said EOIR
Acting Director Thomas Snow. “This new valuable voice response tool will provide the public with what
it has requested – more specific information in a more reliable system with enhanced security measures to
protect respondents’ privacy.”

To access this more secure case information system, please call 1-800-898-7180 or 240-314-1500
and have the alien registration number and relevant charging document date ready. During the system
change, the telephone numbers may be inaccessible from Friday August 20, 2010, at 10:00 p.m. until
Monday August 23, 2010, at 6:00 a.m.

Note: According to immigration service providers, this proposed change is problematic. According to Susan Reed of the Michigan Immigrant Rights Center, respondents trying to obtain legal assistance will be adversely impacted by this change. Under the new requirement, individuals who do not have access to their NTA will not be able to access their case information and will likely miss their immigration hearing.

Immigrants detained in ICE custody will also be gravely affected by the new requirement. Detained immigrants are routinely not in possession of their NTAs either because ICE did not serve the NTA on them or detention officers placed the NTA in the property room or other area that may be very difficult for the detainee to access. Since 84% of detained immigrants appear pro se, the new requirement will add to their confusion, lead to added strain on the court, and likely prolong detention. Additionally, many advocates and organizations who serve detained immigrants depend on the accessibility of the EOIR hotline to determine the best resources to provide indigent detainees. Many detainees are unaware of their case status and therefore what relief they may be eligible for, or the best course to pursue their case. Given the exceptionally high pro se rate for detained immigrants, it’s unrealistic to assume that even 50% of those detained will have access to an attorney or other assistance to explain the location of the charging document date, or how to acquire a charging document. Adding this requirement will make it impossible for many organizations that are not able to engage in full representation, including the LOP providers mentioned above, to provide proper advice or guidance. This additional roadblock in an already complicated and difficult process can only serve to further burden this incredibly vulnerable population and the advocates who serve them.

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