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2.0

Reported: ICE issues interim guidance on age-out custody determinations

  1. Original Date Announced

    October 1, 2025

    According to a motion for a temporary restraining order filed by plaintiffs in Ramirez v. ICE, ICE issued “new Interim guidance from HQ [Headquarters] on Age-Out Custody Determinations," instructing field offices to detain all unaccompanied children (UC) who entered the United States without having been admitted when they age out of the Office of Refugee Resettlement’s (ORR) custody upon turning 18. The guidance further instructs that UCs that age out shall be subject to detention under 8 U.S.C. § 1225(b), and that they may only be released under 8 U.S.C. § 1182(d)(5) “on a case-by-case basis for urgent humanitarian reasons or significant public benefit” and not pursuant to 8 U.S.C. § 1232(c)(2)(B).

    The motion further argues that the policy is a violation of a previous judgment in the case that had enjoined an earlier ICE policy that failed to make individual determinations and consider placement of UCs aging out of ORR custody "in the least restrictive setting available." The plaintiffs request a temporary restraining order to enforce the prior judgment. Ramirez v. ICE, No. 1:18-cv-00508 (D.D.C.).

    **Link to case here. Our litigation entries generally report only the initial complaint and any major substantive filings or decisions. For additional information, CourtListener provides access to PACER and all available pleadings. Other sites that track litigation in more detail or organize cases by topic include Civil Rights Clearinghouse, Justice Action Center, National Immigration Litigation Alliance, and Just Security**

    Trump 2.0 [ID #2034]

    2025.10.04 Emergency Motion for TRO - Ramirez v. ICE
  2. Subsequent Trump and Court Action

    October 4, 2025

    2025.10.04 Order Granting TRO - Ramirez v. ICE

    U.S. District Court Judge Rudolph Contreras granted plaintiffs' motion for a temporary restraining order, enjoining ICE "from implementing any new directive regarding age-outs" and "from detaining any class member in an adult ICE facility in any manner that contravenes the Permanent Injunction." The court also ordered ICE to "immediately produce that directive [on Age-Out Custody Determinations], any related policies regarding that directive, and the Age-Out Review Worksheets of any class members who may have been impacted by that directive." Ramirez v. ICE, No. 1:18-cv-00508 (D.D.C.).

    **Link to case here. See litigation note above**

    View Document

Current Status

None

Original Trump Policy Status

Status: Reported
Trump Administration Action: Agency Directive
Subject Matter: Minors
Agencies Affected: ICE

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