November 3rd, 2009 
Max Nuyen Matter of Garcia-Garcia (B.I.A.)
In this case, the BIA affirmed that an immigration judge has the authority to change the release from custody status of a person in removal proceedings. Since last year, ICE has been quietly enrolling persons in removal proceedings in its Intensive Supervision Appearance Program (“ISAP”). Basically, the program is a way for ICE to better monitor people who are not in its custody but who are in the process of being deported. Program participants are required to wear a GPS device on their ankle. This way, ICE can keep track at times the movement of the person. If the person does not succeed in obtaining relief from removal, ICE can perform a quick apprehension without the need to search for him or her. Participation in ISAP is of course mandatory if ICE decides to enroll you, because the alternative ICE offers is full on detention. Given this choice, it is no surprise that most people elect to wear the GPS anklet.
The BIA has determined, however, that a person may request modification of the terms of the release through a petition with an immigration judge. The immigration judge has the authority pursuant to 8 C.F.R. 1236(d)(1) to determine whether or not a person released from ICE custody should be required to wear a GPS anklet. This is good news, because the anklet can be a source of embarrassment and humiliation for some who are forced to wear it. It cannot be removed except by ICE, so it must be worn at all times. In the shower. At work. At play. During all waking and sleeping moments. Etc. Given that removal hearings can take many months or sometimes years to resolve, the device can become intrusive and cumbersome—an electronic ball and chain, so to speak. With this BIA decision, an affected person has the opportunity to be permitted to opt out of the ISAP program.
ICE argued that it has absolute discretion to set up the program in any way in pleases, but the BIA reaffirmed the longstanding principle that an immigration judge may alter the conditions of the program for a person who files a timely petition. Timeliness is critical because the petition must be filed within seven days of the person’s release from custody.
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what if the enrollment into isap 11 was well after release from custody?
The analysis is generally still the same.
What is the proper avenue to seek relief if I am not technically in ISAP but have been in an EM bracelet for several years. I am a final-order alien.
Although it is not clearcut, there is caselaw which seems to suggest that a judge may review the conditions of ISAP if it constitutes a form of “custody.”
I have been in the ISAP program for years and I was on the Anklet device for over a year. It is true that the device is so embarrassing and not comfortable at all but you have to live with it if that is the choice for the device. As for removing it by the judge I really do not know this part. Most of the ISAP employees are very decent people. If you respect them and make their job easy they do not bother you if you follow up with the program. My advice to anybody in the program is: follow the rules, follow the rules do not break them. Rules like staying within the curfew do not travel far from the area and answer phones if you have calls. Also do not change ## all the time if you can and the program will not be a problem at all I think ISAP is the best alternative to detention and Far easy to deal with than the actual ICE officials, because they are very busy and they should handle more important tasks rather than worry about monitoring parolees and their movements
Thanks for sharing your experience with ISAP. It’s ironic that even though ISAP is an alternative to detention, it is much easier to get out of detention than it is with ISAP. However, I have had clients who were taken out of ISAP, specifically the ankle GPS device was removed, for “good behavior.” Keep on following the rules and you may get a break when you least expect it.
Bullshit!
Company BI Incorporated from Bolder Colorado got paid $372 million dollars for 5 year contract. It is biggest violation of human rights. It is unfair to chain someone and enroll them in to programs before they even raised this question in court. It is another window to abuse judicial process by ICE Officers who are allowed to make all decisions without looking at law or constitution. Honorable Judge with legal experience should decide who should were ankle bracelets and not company who makes money out of enslaving people and making them look and feel like child molesters and criminals by wearing ankle bracelets. Is this what you call humane way to become permanent resident or torture of innocent people? I think you are innocent till proven guilty…and if they want to enroll immigrants in to programs sure would cost less to overhaul broken system than to invest in private company $372 million dollars.
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ISAP is a horrific and over abused program. I have witnessed children with the ankle bracelet on. I have witnessed elderly people forced to wear it….. A little back ground on me. I am A US born Citizen, I married a man who has no country literally and was placed on lifetime probation when he was caught here illegally (which is a crime but lifetime probation?) We moved from Oregon a state that uses ISAP only in needed situations and my husband was not on that program and had been checking in with his probation officer for 10 years every month in person with out missing a single appointment. We moved to Orlando Florida and found out how ISAP works. The day we moved here, we went to Immigration who then told us we had to go to ISAP which at the time was next door to the immigration office. So we went to ISAP my husband spent 3 hours in back with one of their rentacops. And when he came out he had a ankle bracelet on and a curfew of 7pm. He had to write down hour for hour what he was going to be doing ahead of time on a piece of paper for the next week, and if a ISAP officer checked where he was on that specific hour and it did not match i.e. grocery shopping on Wednesday at 4pm but instead was at home he would be arrested for violation of his contract. The people who work at this specific ISAP are Puerto Rican not American they don’t have the right to vote yet have the right to dictate where and what you can do at what time with whom…. I ended up writing a formal letter to the Director of Immigration in Orlando only to be physically assaulted by a ICE officer. I then took my complaint and with the assault happening in the immigration office it was recorded and wrote my congressman…. At the end my husband was removed from the ISAP program and now has to check in with immigration directly. I thank god that things happened the way they did otherwise he would still be in ISAP. Even though I think a male ice officer hitting a woman is wrong and he should have lost more than his job. This service is a disservice and really reflects how we treat others in this country….. like garbage.
I have been on the ISAP program for about 16 months… never have i broken any rules, a curfew, missed a call or missed any appearance appointments… My case specialist called me yesterday to tell me that they a releasing me from the program. What does that mean? Is that a GOOD or a BAD thing? Is there anyone out ther who can explain Do i not qualify for the program??? Does that mean i may be deported???
You received good news. They are releasing you from ISAP because they no longer consider you a flight risk because you’ve been following all the rules. Congratulations.
i am in the program can i request the bracelet to be remove from my ankle and have good news about it how will i do this my supervisor told me it can happend but how is the best way to ask them?
someone knows?
The best thing to do is be consistent with reporting in. Once you have established that you are reliable (after several months), ask the supervisor to take you out of the ankle GPS program.
I Also have been enrolled in the ISAP program in Miami Fla
I have to say that i have been treated with respect and decency
i feel very comfortable discussing my case with My ISAP officer
and Least we not forget the alternate to being enrolled is to be held in a detention center
i had the ankle bracelet for about a year and it was embarrassing ,I always wore two pairs of socks one under and one over to hide the bracelet ,it was not that difficult to hide
in fact my son never even knew i was waring one however im sure its much more difficult for women
anyway stick to the program follow the rules build a rap-ore with your counselor
I found out that the whole ankle and isap are based on nothing but the fear of been locked out. Any immigrant can post a bond and get out of it. the problem is isap is made for regular non criminal immigrant, because someone in the congress was bribed to give this company a billion dollar contract. and because immigrants are afraid of ice no one even thinks of saying no for fear of detention. Even lawyer do not seem to understand this program. In Tampa Florida a guy named Giovani is acting as a god and miss treats immigrant no brake for no one, he thinks he can do what ever he wants lot of abuses lot of orders he s pushing immigrants to quite their jobs a way of self deportation. Before him was another guy named santana this guy was more human and helpful because at the end of the day they all know the immigrants involved in the program are non criminal and do not represent any danger to the public. so why they re doing it it s because of the money.
i am in the ISAP program, my question is , is this program a path to get a temporary residence or at least a work permit? what happens when i see the judge? will he say ok you are a good guy, there you go there is your chance to be legal or what?
Where can I file a complaint against isap?
I came to this country in 1973 became a permanent resident in 1977,got arrested in 1989 nothing big, booked and released with in 3hrs,went to court got 12 months probation did it.always work some time two jobs pay taxes file taxes every year,send both of my kids to college my son is still there i was picked up 7 months ago because of that one case the only time i have ever been in any problem.i now wear a gps report every week home visit once a week.i cannot afford a lawyer where can i get help,i keep getting sores from the gps i take metformin medication.
Wow that was odd. I just wrote an incredibly long comment but after I clicked submit my
comment didn’t appear. Grrrr… well I’m not writing all that over again. Anyhow, just wanted to say fantastic blog!
My question is the same as Antonio isap ???? antonio says:
September 26, 2012 at 7:42 pm
i am in the ISAP program, my question is , is this program a path to get a temporary residence or at least a work permit? what happens when i see the judge? will he say ok you are a good guy, there you go there is your chance to be legal or what?
It’s true nobody will assure you if it will be removed and when
If you have ankle bracelet you lucky otherwise back to jail
This is alternative which was given to and when it will be removed up to INS nobody else
Because they are like separate government laws rules made by them the way pleases there pocket !
Don’t try to get smart with them will make it worse
My dad is 67 never had even even driving ticket from 2001-2014
Got scammed by Phenix group in Los Angeles who filed asylum got the money never showed up to the court hearing and my dad trusting them didn’t go to the court had deportation case ready
So now he went to jail stayed there for 3 month lost original passport from Uzbekistan
Immigration made him write request to the embassy to issue new one still waiting 2 years with ankle bracelet every week check with immigration officer
Once a week ASAP worker comes to check my dad
And life goes on …….
Good luck to all be strong be happy
God be with you .
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Once we are ordered deported we no longer have rights. We become the lowest class of people in the U S. If we are unfortunate enough to be from a country that will not repatriot us, we are in a perpetual limbo at the mercy of INS/ICE/DHS. The acronym really doesn’t matter. The authority remains the same – they do as they please.
At age 18 I was arrested, convicted and sentenced to 12 years in state prison. With good behavior, vocational programs and work I was “paroled” after 6 1\2 years directly into INS detention. Based on current immigration law at the time I was automatically “deported”. The appeal was pointless – I was kept in detention for another 18 months. After finding out that many fellow detainees in the same situation had languished in detention for as many as 10 years. Yes. 10 years. Since we are of no class or status it could be indefinite. I’m sure many did not know this. And this was before 9\11 and the Patriot Act.
I started to write numerous case workers, supervisors, captains, majors, district directors.
Somehow I was released on an order of supervision. Either the first or one of the first. I reported diligiently with issue. I’m still reporting. That was over SEVENTEEN years ago. Today, after 17 1\2 years I was introduced the ISAP ankle bracelet. My role in the community? Whne released I got a part time job. Within 3 years I managed the company, got married and now have 4 kids. Laws I’ve broken since? Possibly 4 maybe 5 parking tickets.
As the saying goes. Without checks and balances, absolute power corrupts absolutely.
This is why discretion must be given to the immigration judge.