The Rodriguez Guerra settlement requires ICE’s Washington Field Office to give an individualized custody review to anyone held in its Virginia detention facilities after an immigration judge grants them asylum, withholding of removal, or protection under the Convention Against Torture. Under the agreement, approved by U.S. District Judge Michael S. Nachmanoff on October 16, 2024, ICE must release class members unless “exceptional circumstances” justify continued detention, and it must complete those reviews on fixed deadlines through June 1, 2026.1PACER Monitor. Rodriguez Guerra v. Perry et al.
Who Is Covered
The class includes every person in civil immigration detention within the Washington Field Office’s area of responsibility who has been granted asylum, withholding of removal under the Immigration and Nationality Act, or relief under the Convention Against Torture by an immigration judge. It does not matter whether the grant is final or whether ICE has appealed.2National Immigration Project. Order Certifying Class
In practice, that means people held at the Caroline Detention Facility and the Farmville Detention Center in Virginia.3National Immigration Project. ICE Unlawfully Detaining Non-Citizens Who Already Won Their Immigration Cases The class is forward-looking, so anyone newly detained under those conditions during the settlement’s term is covered too.
What ICE Must Do
The review ICE must perform is the one already called for by its own policy, Directive 16004.1, which presumes release after a grant of relief unless exceptional circumstances exist. The lawsuit’s premise was that the Washington Field Office had been skipping that step, holding people for months while contacting foreign embassies to find a third country that would accept them, even though fewer than 3% of people in that posture are ever removed to an alternative country.3National Immigration Project. ICE Unlawfully Detaining Non-Citizens Who Already Won Their Immigration Cases
The settlement now spells out how the “exceptional circumstances” test has to be applied. A prior criminal conviction, standing alone, does not make someone a public safety threat. ICE must weigh the seriousness, recency, and extent of any criminal history against evidence of rehabilitation.4ACLU of Virginia. Redacted Settlement Agreement
ICE also has to give notice. Class members and their attorneys must be told a review is happening, what standards apply, and how to reach class counsel. Notices about the process must be posted in dormitories and on electronic tablets at both Caroline and Farmville. ICE provides monthly statistics to class counsel on eligibility and outcomes.4ACLU of Virginia. Redacted Settlement Agreement
When the Review Must Happen
The deadlines shift as the settlement moves through its phases.
From the settlement’s execution through December 31, 2024, coverage was broad: anyone granted relief received a review regardless of whether ICE was appealing. Existing class members had to be reviewed within 10 business days of the July 2024 execution, and newly granted detainees within 10 business days of the order being served on ICE’s Office of the Principal Legal Advisor.5National Immigration Project. Rodriguez Guerra Settlement Practice Advisory
From January 1, 2025 through June 1, 2026, the trigger narrows. Reviews are required in cases where ICE’s legal office has authorized an appeal of the immigration judge’s grant. The appeal decision itself must be made within 14 days of the judge’s order, and the custody review must follow within 7 business days of that decision.5National Immigration Project. Rodriguez Guerra Settlement Practice Advisory
Some detainees fall under ICE Headquarters’ authority rather than the local field office, typically those held past the 90-day statutory removal period. For them, the Washington Field Office Director sends a written recommendation, and the unit chief of ICE Headquarters’ Removals and International Operations Division must issue a final decision within 10 business days.4ACLU of Virginia. Redacted Settlement Agreement
How to Push for Release Under the Settlement
The settlement does not formally give detainees the right to submit evidence during the review. The National Immigration Project’s practice advisory recommends sending materials to the Washington Field Office Director as soon as possible anyway, because ICE may act before the deadline.5National Immigration Project. Rodriguez Guerra Settlement Practice Advisory
A release request should argue that no exceptional circumstances justify continued detention and confront any criminal history directly. Useful supporting documents include:
- Evidence of rehabilitation, such as substance abuse counseling or mental health records
- A detailed release plan showing where the person will live and work
- Letters of support from family members or sponsors
- A declaration from the client5National Immigration Project. Rodriguez Guerra Settlement Practice Advisory
The three organizations acting as class counsel are the Amica Center for Immigrant Rights (formerly the Capital Area Immigrants’ Rights Coalition), the National Immigration Project of the National Lawyers Guild, and the ACLU of Virginia.6ACLU of Virginia. Class Action Settlement Releases Multiple Immigrants From ICE Custody
How Long the Settlement Lasts and How It Is Enforced
The agreement stays in effect until June 1, 2026. Judge Nachmanoff dismissed the case with prejudice on approval but kept jurisdiction to enforce its terms.1PACER Monitor. Rodriguez Guerra v. Perry et al. Compliance disputes must first go through a meet-and-confer process between the parties. Any enforcement motion must be filed by June 20, 2026.4ACLU of Virginia. Redacted Settlement Agreement
One boundary worth naming: the settlement binds ICE’s Washington Field Office and its jurisdiction. It does not by its terms reach detainees held under other field offices, even if their situation looks identical. The defendants also denied liability and wrongdoing in agreeing to settle.4ACLU of Virginia. Redacted Settlement Agreement