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2.0

ICE issues directive regarding detention and removal of noncitizen parents and legal guardians of minor children

  1. Original Date Announced

    July 2, 2025

    ICE issued Directive 11064.4, "Detention and Removal of Alien Parents and the Legal Guardians of Minor Children." This directive supersedes ICE Directive 11064.3, "Interests of Noncitizen Parents or Legal Guardians or Incapacitated Adults," which was issued July 14, 2022 by the Biden administration. The directive provides guidance regarding the detention and removal of noncitizen parents and legal guardians of a minor child(red), as well as those who have a “direct interest in family court or child welfare proceedings,” and complements ICE’s standards and policies that govern intake, detention, and removal. It states that it is “ICE policy to ensure that the agency’s enforcement actions do not unnecessarily infringe upon the legal parental or guardianship rights and obligations of Covered Individuals.”

    Trump 2.0 [ID #1859]

    2025.07.02 ICE - Directive 11064.4: Detention and Removal of Alien Parents and Legal Guardians of Minor Children
  2. Subsequent Trump and Court Action

    November 7, 2025

    2025.11.07 Reported: Immigration Agents Arrest Man in L.A. Raid and Drive Off With His Toddler - The New York Times

    The New York Times reported that while detaining a U.S. citizen in a Los Angeles Home Depot parking lot, CBP drove off with his toddler in another vehicle. The toddler was reunited with her grandmother later that day. A DHS spokesperson blamed the father for what his daughter experienced, stating that he brought her to a location with "violence against law enforcement." While ICE policy states that agents are not supposed to drive off with children of detainees, it is unclear whether CBP has a policy on how to handle children at the scene of an arrest or detention.

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Current Status

None

Original Trump Policy Status

Status: Final/Actual
Trump Administration Actions: Agency Directive Change in Practice
Subject Matter: Minors
Agencies Affected: ICE

Commentary

  • 2025.07.24 Women's Refugee Commission - 2025 ICE Detained Parents Directive vs. 2022 ICE Parental Interests Directive

    The Women's Refugee Commission released a side-by-side comparison of the key differences between ICE's 2025 Directive 11064.4 and the 2022 Directive 11064.3.

    Go to article

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