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ICE releases Fact Sheet on Directive 11005.2 allowing ICE power to immediately remove U Visa Petitioners

  1. Date Announced

    Aug. 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
  2. Effective Date of Change

    Aug. 2, 2019
  3. Biden Administration Action

    August 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
Status: Final/Actual
Type of Action: Agency Directive
Subject Matter: U/T/VAWA Non-Immigrant Visas
Agencies Affected: ICE USCIS

Prior Policies

Biden Administration Action

Commentary

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.

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ICE Rule Change on U Visas Sparks Outrage

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