Settlement Information: Hamama v. Adducci
Received a 90-Day Notice from ICE?
Under the Hamama settlement, for most class members who have a final order of removal, ICE must provide you with 90 days’ notice before it can take you into custody for removal. Under the settlement, if you have received a 90-day notice from ICE, it is critical that you take it seriously.
The fact that you received a 90-day notice from ICE means that ICE believes you have a final order of removal and may be actively trying to deport you.
You should not rely on the fact that Iraq has in the past been unwilling to accept removals. Recently the government has been able to remove other Hamama class members to Iraq. In addition, ICE has informed us that it may seek to remove Iraqis who have protection under the Convention Against Torture (CAT) or withholding of removal to countries other than Iraq.
If your goal is to remain in the United States, we strongly recommend that you consult with an immigration attorney as soon as possible to assess whether you have the ability to reopen your immigration case, and what options you may have for immigration relief. To find an immigration lawyer in your area, click here. If you are considering immigration relief in Canada, contact a Canadian immigration lawyer.
If you received a 90-day notice but do not have a final order of removal, or if you have CAT or withholding and have not received a notice rescinding (taking back) your 90-day notice, please contact us immediately at hamama@aclumich.org.
90-Day Notice Resources
What Should I Do If I Receive a 90-day Notice?
- Talk to an immigration attorney as soon as possible.
- Review the 90-Day Notice Explainer.
- Continue complying with all ICE reporting requirements.
- Attend any scheduled ICE check-in appointments.
- Review the detention and release resources below.
- Fill out the contact form here so that the Hamama team can reach you if needed.
- Review the resources on getting an Iraqi ID if you are removed, see below.
- If you do not have a final order of removal and have not received a recission notice, contact Class Counsel immediately at hamama@aclumich.org.
- If you have CAT or withholding protection and have not received a rescission notice, contact Class Counsel immediately at hamama@aclumich.org.
Check-In Appointments
Each 90-day notice includes a date for a check-in appointment with ICE.
If you do not attend your scheduled check-in, ICE may use your failure to appear as a reason to detain you.
In most cases, the check-in date will be about 90 days after the date of the notice. If your check-in date is less than 90 days from the date of the notice, you may still need to attend that appointment. Class members are under ICE supervision, and some class members have regular reporting requirements with ICE that continue during the 90-day notice period. Check with your ICE officer to confirm the date. While ICE can require you to attend a check-in before the 90 days are over, in most cases ICE cannot detain you during the 90-day notice period absent exceptional circumstances.
If possible:
- Bring your immigration attorney to the appointment.
- If you do not have an attorney, bring a trusted family member or friend.
- Bring a copy of the Hamama Settlement Agreement.
We understand that attending a check-in appointment may be stressful. However, it is important that you take the appointment seriously and discuss your options with an immigration attorney beforehand whenever possible.
Can ICE Detain Me?
Whether ICE can detain you depends in part on whether you are a Category 1 or Category 2 class member. Please review pages 3-4 of the 90-day notice information sheet closely for a description of who is Category 1 and Category 2. Generally, a Category 1 class member is someone who was released from criminal custody within the last five years or is a threat to national security. A class member who was released from criminal custody more than five years ago and has no new criminal conduct is generally a Category 2 class member.
Category 1 Class Members: ICE can detain a Category 1 class member if there is a significant likelihood of removal within the next 90 days (or the class member violates supervision conditions). Class members who are not released within 90 days may seek release.
Category 2 Class Members: ICE cannot detain a Category 2 class member unless ICE has secured a travel document (or the class member violates supervision conditions). ICE cannot detain you for more than 30 days. If you believe you are a Category 2 class member and ICE tries to detain you at your check-in, you should insist that they show you a travel document. If ICE does not have a travel document, refer them to Section IV.B.5.g of the Hamama settlement and tell them that they cannot detain you. Take a copy of the settlement agreement with you to your check-in and highlight that section.
If You Are Detained
If ICE detains you after you receive a 90-day notice, contact your immigration attorney immediately.
We have prepared motions and instructions that may help some class members seek release from detention. Different resources are available for Category 1 and Category 2 class members. Please review the materials carefully.
Category 1 Class Members
Category 1 class members who are detained may be able to seek release from detention under the procedures set forth in the Settlement Agreement. Generally, you must wait 90 days before seeking release.
Resources
Category 2 Class Members
Category 2 class members who are detained may be able to seek release from detention under certain circumstances.
If you are detained and believe ICE does not have a valid travel document for you, review the emergency release materials below and contact your immigration attorney immediately.
Resources
If you are a Category 2 class member who has been detained more than 30 days, contact your immigration attorney or reach out to Class Counsel at hamama@aclumich.org.
Rescission Notices
Under the Settlement Agreement, if ICE sends you a 90-day notice, ICE must provide notice to Class Counsel and, if you have one, to your immigration attorney. In some cases, ICE failed to do that. In other cases, the notices were invalid because ICE sent them to people who have CAT or withholding, or who do not have a final order.
ICE has sent out notices rescinding—or taking back—some of the 90-day notices. If you received a rescission notice, you or your immigration attorney should contact your ICE officer to confirm that you no longer have to go to the check-in appointment listed on the 90-day notice. Your ICE officer may not have received the rescission notice, so you may need to provide a copy. You should follow the instructions of your ICE officer.
A rescission notice does not mean ICE has stopped trying to deport you. It means that the original 90-day notice was likely invalid. ICE has started sending out new 90-day notices. You may receive a new 90-day notice if your earlier notice was rescinded.
Class Members with CAT or Withholding
ICE has acknowledged that certain class members who have protection under the Convention Against Torture (CAT) or withholding of removal may have received 90-day notices in error.
If you have CAT or withholding protection and received a 90-day notice that has not been rescinded (taken back), please contact Class Counsel immediately at hamama@aclumich.org.
ICE may nevertheless seek to remove individuals with CAT or withholding protection to third countries. If you receive a notice regarding removal to a third country, you should contact an immigration attorney immediately.
Motion to Reopen (MTR) Resources
If your goal is to remain in the United States, you should discuss with your immigration attorney whether filing a Motion to Reopen may be appropriate in your case.
Because you can only file one motion to reopen, we strongly recommend hiring an immigration attorney if you want to file a motion to reopen. It is very difficult to win a motion to reopen on your own.
Resources
Resources for Removal to Iraq
If you are removed to Iraq, obtaining Iraqi identity documents is extremely important. Iraqi identity documents are necessary to access many services and to move freely within Iraq.
Resources
Contact Form
We ask class members to complete this contact form so that we can contact you or your family if you are removed and better understand what happens to individuals who are removed to Iraq.
If you consent, we may also share your information with researchers working with the ACLU to better understand conditions faced by individuals removed to Iraq.
Settlement Resources
Class Action Notice
Learn about your rights under the settlement.
Settlement Agreement
This legal document sets out your rights and the obligations of ICE under the settlement.
Learn About the Settlement