The DARH program marked a dramatic shift from prior enforcement policies in which ICE "refrained from making arrests at immigration courts due to a lack of detention capacity and the resistance of the private bar and advocates who maintain that regular arrests at the courts will deter many aliens from showing up for hearings." (196) Absent exceptional cases in which a foreign national was a danger to the community or a flight risk, detention was generally not imposed until all administrative appeals had been exhausted.
DARH was part of a larger effort by DHS called "Endgame," (201) a ten-year strategic plan created by DRO to try and reduce the number of fugitive foreign nationals.
Boyle also observed that government prosecutors preferred to spend time on heavy-duty enforcement efforts, defying DARH in more run-of-the-mill cases.
Immigration judges would respond to DARH by holding bond hearings immediately at the conclusion of a merits hearing so that a foreign national ordered detained would not necessarily be placed in custody during the interim between the merits and bond hearings.
Given how little information exists on the DARH program, one can only speculate why it never matured into the program some within the Bush administration imagined it would become.
7, 2015) (notes on file with the Duke Law Journal) (remarking that DARH illustrates how immigration officers resist top-down policies that lack buy-in).
IMMIGRATION COUNCIL, PRACTICE ADVISORY: ICE'S Detention After Removal Hearing (DARH) Program 1 (Apr.