Removal Defense
Publication Date
![First page of this resource](/sites/default/files/styles/scaled_350/public/2023-12/What%20to%20Do%20When%20ICE%20Submits%20an%20I-213%20In%20Immigration%20Court_Page_01.png?itok=AsFtdbTK)
This practice advisory addresses what a practitioner can and should do when DHS submits an I-213 to prove “alienage” or any other facts in a case. After a brief discussion of the purpose of an I-213 and why DHS often submits it during removal proceedings, this advisory discusses objections that practitioners should consider making in order to exclude the I-213 from the record in removal proceedings or, at a minimum, to argue that the I-213 should not be given any significant weight by the immigration judge. It discusses how to overcome the presumption that I-213s are inherently trustworthy and concludes with a synopsis of when and how to submit a motion to suppress in cases involving regulatory or constitutional violations.