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Original Date Announced
July 2, 2025ICE 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.”
Compared to the Biden directive, the new directive does not include the primary caretakers of incapacitated adults as Covered Individuals. ICE also removed the provisions requiring a custody review upon notification of child welfare or guardianship proceedings involving a detained Covered Individual and requiring ICE to work with child welfare agencies where a Covered Individual is ordered to participate in services, programs, or trainings prior to maintaining or regaining custody of their minor child(ren). Also absent from the new directive is the provision requiring ICE to review a Covered Individual's case prior to their removal "to assess whether [they have] had the opportunity to request reunification before removal, make alternative care arrangements . . . , or if there are any ongoing family court or child welfare or guardianship proceedings that may be adversely impacted by the Covered Individual's removal." The new directive does not include the "Facilitation of Return" or "Outreach" sections that were part of the 2022 directive.
Trump 2.0 [ID #1859]
2025.07.02 ICE - Directive 11064.4: Detention and Removal of Alien Parents and Legal Guardians of Minor ChildrenCurrent Status
NoneOriginal Trump Policy Status
Status: Final/ActualTrump Administration Actions: Agency Directive Change in PracticeSubject Matter: MinorsAgencies Affected: ICEAssociated or Derivative Policies
- December 2, 2019 ICE issues 2019 detention standards
Pre Trump-Era Policies
Documents
Trump-Era Policy Documents
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