Original Date AnnouncedAugust 2, 2019
ICE 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....” ICE has not released the directive text. [ID #773]Revision of Stay of Removal Request Reviews for U Visa Petitioners
Effective DateAugust 2, 2019
Biden Administration Action: Revoked/ReplacedAugust 10, 2021
2021.08.10 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-era 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 Document