Original Date Announced

Associated Press reports that on September 15, 2026, ICE removed thousands of current detainees with final removal orders from its Online Detainee Locator System (ODLS). The ODLS is used by attorneys and family members to locate people in detention. The Washington Post further reports that ICE has been instructed not to share location information about detainees with their attorneys or family members.

Without access to such information, it will be more difficult for detainees challenging their detention and/or removal to file habeas petitions in the proper venue. Persons detained at the detention facility in Adelanto, California, or at temporary holding facilities in Minneapolis, New York City, or suburban Chicago, will continue to be listed because federal judges have ordered ICE to provide lists of detainees.

Trump 2.0 [ID #2405]

Subsequent Trump and Court Action

2026.10.28 Complaint - Greater Boston Legal Services, Inc. v. Mullin

Four immigrant legal services organizations sued the Trump administration in Massachusetts federal court challenging the September 2026 policy described above. The plaintiffs allege the policy prevents attorneys and family members from locating thousands of detained noncitizens, obstructing access to legal representation and judicial review. The lawsuit argues that the policy violates the Administrative Procedure Act (APA) because it is arbitrary and capricious, as DHS failed to provide a reasoned explanation for reversing 16 years of agency practice or consider the policy’s consequences and reliance interests. The plaintiffs also allege that the policy violates the First Amendment by interfering with attorneys’ rights to communicate with and represent clients, and the Freedom of Information Act (FOIA) because ICE failed to publicly disclose the policy. The plaintiffs seek declaratory and injunctive relief, vacatur of the policy, and an order requiring its public disclosure. Greater Boston Legal Services, Inc. v. Mullin, No. 1:26-cv-14869 (D. Mass.).

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