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HABEING DEFENDANTS FROM IMMIGRATION CUSTODY

TO MA CRIMINAL COURTS

January 2014

The process for bringing a defendant from immigration custody to state court is an evolving (and unreliable) process. The IIU has learned of recent updates to the procedure for habeing defendants into state court. Before requesting a habe for a client in ICE custody, you should attempt to confirm these details from the local court. If you learn of a change to this procedure, please notify the IIU (iiu@). If you want your client to be transported, here is a procedure you can try (it may or may not be successful):

Ask the state court judge to issue TWO HABES:

1. “ICE – ERO, 10 New England Executive Park, Burlington, MA 01803.”  Habe should be faxed to Officer Dan Bellerouse at 781-359-7629.  The habe should request that ICE notify the county Sheriff’s Department for the county in which the criminal case is being heard to arrange transportation to the court.

In response to the habe, ICE will contact the local DA’s office to confirm that the defendant is required in that particular court and that the local Sheriff’s Department or Mass. State Police will pick up the client from the closest ICE facility. ICE will then transport the defendant to the ICE facility closest to the court and make the defendant available for pick up by the Sheriff’s Department or Mass. State Police. ICE holds detainees at the following facilities in Massachusetts: Bristol County House of Corrections, Plymouth County Correctional Facility, and Suffolk County House of Corrections (South Bay) – though they have occasionally held detainees at Franklin County Jail and in Hartford, CT. ICE local headquarters are in Burlington, MA. It is then the responsibility of the county or state authorities to transport the defendant from the ICE facility to the court where the case is being heard and return the defendant to ICE custody after court. A ICE detainer will travel with the defendant.

After the habe is faxed, trial counsel should coordinate with the DA’s office to make sure they will facilitate the transport of the defendant. While ICE represents that they do not coordinate with defense counsel, defense counsel should contact Officer Bellerouse (781-359-7733) to learn where the defendant will be transported to await pick up.

2. The Sheriff’s Department for the county in which your case is being heard. This habe should request that the Sheriff’s Department transport the defendant from ICE custody at the closest ICE facility to the court. It should further request that the Sheriff’s Department contact ICE to coordinate transportation at 781-359-7500.

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NOTE: This procedure applies only to detainees in immigration facilities in New England and does not always work, as neither immigration nor state transportation officers are required by law to transport inmates in federal immigration detention to state courts.

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