Original Date AnnouncedAugust 29, 2017
ICE directs its agents to be merely "cognizant" of the fact that a noncitizen has children when considering prosecutorial discretion. ICE officials may make "case-by-case" decisions on the arrest and removal of parents of minor children. A Child Welfare Coordinator position is involved "as the primary point of contact and subject matter expert for all ICE personnel regarding child welfare issues related to detained aliens."
ICE should not take custody of children they encounter during enforcement action who are USC, LPR or not removable, and should try to accommodate a non-citizen's parent's efforts to make alternative care arrangements for LPR or USC children. Noncitizen parents, detained noncitizen parents or guardians should be allowed to participate in ongoing family court proceedings. ICE must facilitate visitation by minor children of noncitizen parents or legal guardians. [ID #273]ICE Policy Number 11064.2: Detention and Removal of Alien Parents or Legal Guardians
Effective DateAugust 29, 2017
Subsequent Trump-Era and Court Action(s)
March 28, 2018
ICE Fact Sheet: Policies and Procedures Involving Detained Parents and Legal GuardiansFact sheet View Document