Date AnnouncedAug. 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]
See Biden administration action below.View Policy Document
Effective Date of ChangeAug. 2, 2019
Biden Administration ActionAugust 10, 2021
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.2021.08.10 ICE Directive 11005.3: Using a Victim-Centered Approach with Noncitizen Crime Victims
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