-
Original Date Announced
January 31, 2025Acting ICE Director issued policy directive 11005.4 titled, "Interim Guidance on Civil Immigration Enforcement Actions Involving Current or Potential Beneficiaries of Victim-Based Immigration Benefits."
The memo states ICE officers and agents are "not required to affirmatively seek to identify indicia or evidence suggesting an alien is a victim of a crime or consider such evidence as a positive discretionary factor" when deciding to take enforcement action. Rescinded guidance cited as examples orders of protection or eligibility letters from the HHS Office of Trafficking in Persons.
ICE officials should consult with the ICE Office of Principal Legal Advisor (OPLA) when they encounter individuals who have already received status through a victim-based immigration benefit.
Rescinding guidance directing ICE personnel to request that USCIS expedite adjudication of pending applications or petitions for victim-based immigration requests—including for people in ICE custody subject to mandatory detention—the interim guidance says expedite requests only will be made when it is "in ICE's best interest."
This directive aligns with EO 14159, "Protecting the American People Against Invasion," and supersedes previous ICE directives 11005.3 and 10076.1, which directed ICE officials to adopt a "victim-centered approach" when engaged in civil immigration enforcement.
Trump 2.0 [ID # 1491]
2025.01.31 Interim Guidance on Civil Immigration Enforcement Actions Involving Current or Potential Beneficiaries of Victim-Based Immigration BenefitsEffective Date
January 31, 2025Current Status
NoneOriginal Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: Interior EnforcementAgencies Affected: ICEAssociated or Derivative Policies
Pre Trump-Era Policies
-
June 11, 2011
ICE Directive 10076.1 - "Prosecutorial Discretion: Certain Victims, Witnesses, and Plaintiffs"
2011.06.11_Ice Directive 10076.1 -
August 10, 2021
ICE Directive 11005.3 - "Using a Victim-Centered Approach with Noncitizen Crime Victims"
2021.08.10_ICE Directive 11005.3
Documents
To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com
To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com