CAP is a massive, nationwide enforcement program administered by U.S. Immigration and Customs Enforcement (ICE) that identifies removable noncitizens and places them into removal proceedings. CAP is currently active in all state and federal prisons, as well as more than 300 local jails throughout the country. The program is implicated in approximately half of all removal proceedings. Although CAP supposedly focuses on the worst criminal offenders, the program appears to target individuals with little or no criminal history and to incentivize pretextual stops and racial profiling. Despite CAP's role in facilitating the removal of hundreds of thousands of individuals each year, and despite serving as ICE's “bedrock” enforcement initiative, very little information about CAP is available to the public.
Seeking greater transparency, the American Immigration Council (AIC), in collaboration with the Worker and Immigrant Rights Advocacy Clinic of Yale Law School and the Connecticut chapter of the American Immigration Lawyers Association (AILA), brought a lawsuit under the Freedom of Information Act (FOIA) to compel the release of records that would shed light on the program. Pursuant to a court-approved settlement, ICE must begin producing responsive, non-exempt records by late October 2013.
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CASES
The LAC and the Worker and Immigrant Rights Advocacy Clinic of Yale Law School Sue to Compel Release of CAP Records
American Immigration Council, et al., v. DHS, No. 12-00355 (D. Conn. filed Mar. 8, 2012).Read more...