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Original Date Announced
April 10, 2025ICE Acting Director Todd M. Lyons issued Policy 10039.3, which provides ICE personnel guidance on considering U.S. military service during civil immigration-enforcement actions. The memorandum states that while "ICE values the contributions of all those who have served in the U.S. military, . . . U.S. military service alone does not automatically exempt aliens" from immigration consequences.
The memorandum directs ICE officers to ask noncitizens during intake interviews whether they have U.S. military service and, if so, to complete a checklist covering the person's service, community ties, immigration and criminal history, and potential immigration relief. It states that ICE will generally not, absent "significant aggravating factors," issue a Notice to Appear (NTA) or attempt to deport an active-duty noncitizen. It also states that ICE will generally not issue an NTA or attempt to deport a noncitizen if they appear eligible for naturalization. If a noncitizen with military service is not eligible for immigration relief, ICE may consider community and family ties, employment and criminal history, and other factors to determine whether to take enforcement action.
The memorandum rescinds and supersedes Biden-era ICE Directive 10039.2. The prior directive contained the same general policies, but also provided that "active duty U.S. military service" of a noncitizen's immediate family member(s) (i.e., parent, spouse, child) "is a significant mitigating factor that must be considered when deciding whether to take civil immigration enforcement action against the noncitizen based on the totality of the circumstances." Any U.S. military service by an immediate family member was also a "mitigating factor in making case-by-case enforcement decisions." The directive also included more specific responsibilities for different ICE officers and additional details concerning documentation requirements, recommendation processes, and privacy principles.
Trump 2.0 [ID #1896]
2025.04.10 ICE Policy 10039.3 - Consideration of U.S. Military Service During Civil Immigration Enforcement ActionsEffective Date
April 10, 2025Current Status
NoneOriginal Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: Interior Enforcement NaturalizationAssociated or Derivative Policies
- October 13, 2017 DOD increases naturalization requirements for military service
Documents
Trump-Era Policy Documents
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