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Original Date Announced
August 2, 2019ICE releases a fact sheet on Directive 11005.2 indicating that the agency is no longer required to seek a prima facie determination from USCIS before deciding whether to grant a stay of removal to a U Visa petitioner. Instead, “ICE officers and attorneys will review the totality of the circumstances, including any favorable or adverse factors, and any federal interest(s) implicated.” [ID #773]
Revision of Stay of Removal Request Reviews for U Visa PetitionersEffective Date
August 2, 2019Subsequent Trump and Court Action
January 31, 20252025.01.31_Interim Policy Guidance, Actions Involving Beneficiaries of Victim-Based Immigration Benefits
ICE Acting Director issued an internal memo entitled ""Issuance of Interim Policy Guidance Regarding Civil Immigration Enforcement Actions Involving Current or Potential Beneficiaries of Victim-Based Immigration Benefits." This Trump 2.0 policy supersedes ICE Directive 11005.3: "Using a Victim-Centered Approach with Noncitizen Crime Victims" which was released during the Biden administration.
View DocumentBiden Administration Action: Revoked/Replaced
August 10, 20212021.08.10 ICE Directive 11005.3: Using a Victim-Centered Approach with Noncitizen Crime Victims
This Biden administration policy revokes in its entirety the Trump-era policy identified in this entry.
On August 10, 2021, Acting Director Johnson issued "ICE Directive 11005.3: Using a Victim-Centered Approach with Noncitizen Crime Victims" which supersedes the Trump 1.0 policy identified in this entry and indicates that, among other things, ICE should not continue immigration proceedings against a U Visa petitioner unless and until USCIS makes a negative bona fide or prima facie determination.
View DocumentCurrent Status
Not in effectMost Recent Action
August 10, 2021 Action: Revoked/Replaced 2021.08.10 ICE Directive 11005.3: Using a Victim-Centered Approach with Noncitizen Crime VictimsAugust 10, 2021Acted on by Biden Administration
Original Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: U/T/VAWA Non-Immigrant VisasAssociated or Derivative Policies
Pre Trump-Era Policies
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September 25, 2009
Under the previous ICE Directive 11005.1, ICE only had to request from USCIS a prima facie determination confirming that a U visa petition was filed correctly before granting a stay of removal.
ICE Directive 11005.1: Guidance Regarding U Nonimmigrant Status (U visa) Applicants in Removal Proceedings or with Final Orders of Deportation or Removal
Documents
Trump-Era Policy Documents
- New Policy
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Prior Policy
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Subsequent Action
Original Source:
Ken Kippenstein X Account
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Commentary
Biden Administration Policy Documents
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To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com
Commentary
U Visa Updates: New U Visa Law Enforcement Resource Guide Petitioner
On July 31, 2019, USCIS announced the release of a new U Visa Law Enforcement Resource Guide, which included new content about the role of law enforcement agencies in the certification process. The guide is no longer available on the USCIS website as of September 5, 2021.
Go to articleICE Rule Change on U Visas Sparks Outrage
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