What is the remedy if we failed to give consular notification?
A. If the foreign national is still in detention, you should provide notification as soon as you become aware that it was not provided. This will ensure that the foreign government is given the opportunity to provide consular assistance for the remaining period of detention. If the Department of State receives a complaint that consular notification was not provided, it will take appropriate action. For example, the Department may request the relevant facts from the detaining federal, state, or local authority; discuss the matter with the foreign government involved; apologize on behalf of the Government of the United States to the concerned foreign government for a failure to provide consular notification; intervene to ensure that consular access is permitted; or seek to work with the involved federal, state, or local detaining officials to improve future compliance. Some aliens are attempting to obtain judicial remedies (such as new trials or sentencing hearings) for failures to give
Related Questions
- Can I comply with consular notification requirements by simply letting the detained alien have access to a telephone?
- In the case of a "mandatory notification" country, how quickly must the notification be provided to consular officials?
- Are aliens in immigration detention covered by the consular notification requirement?
