Federal Lawsuit Challenges DHS Policy Hiding Detainee Locations
A coalition of legal services organizations filed a federal lawsuit in October 2026 challenging the Department of Homeland Security’s policy of withholding the locations of thousands of people held in U.S. Immigration and Customs Enforcement custody. The policy effectively severs communication between detainees, their families, and legal counsel.
The complaint was filed in the U.S. District Court for the District of Massachusetts on behalf of Greater Boston Legal Services, Rian Immigrant Center, Florence Immigrant and Refugee Rights Project, and Amica Center for Immigrant Rights. The plaintiffs state that the new administrative directive blocks them from locating, communicating with, and providing essential legal services to their clients.
The Administrative Black Box Created in September 2026
For more than 16 years, the U.S. Department of Homeland Security maintained transparency by publishing the whereabouts of detained noncitizens through the Online Detainee Locator System. That practice stopped abruptly in September 2026, when DHS ceased sharing the location of detained individuals with final orders of removal. The agency ended these disclosures both through the public locator service and in direct responses to inquiries from attorneys and family members.
This sudden shift places thousands of individuals into an administrative black box without official justification. The policy directly supports the broader federal mass deportation campaign by obstructing detainee access to the judicial system. Without knowing where a client is held, lawyers cannot challenge unlawful detentions or pursue lawful pathways to remain in the country.
Legal Violations Claimed Under the Administrative Procedure Act
The lawsuit details multiple legal violations stemming from the new DHS directives. Plaintiffs argue that ICE implemented the location-hiding policy in a manner that is arbitrary and capricious, violating the Administrative Procedure Act. The complaint also asserts that the policy infringes upon the First Amendment rights of the organizations and individuals seeking counsel.
An additional count in the complaint alleges violations of the Freedom of Information Act due to the government’s failure to publish details regarding the policy change. Legal representation for the plaintiffs includes the National Immigration Law Center, the National Immigration Project, the American Civil Liberties Union, the ACLU of Massachusetts, and Annelise Araujo Law.
Preliminary Stay and Court Demands
The organizations are asking the court to vacate the new policy and plan to file a motion seeking a preliminary stay while the litigation proceeds.
