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ICE replaces policies for noncitizen parents/legal guardians and their minor children

  1. Original Date Announced

    August 29, 2017

    ICE directs its agents to be "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 noncitizen parent's efforts to make alternative care arrangements for LPR or USC children. Noncitizen parents, detained noncitizen parents, or legal 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
  2. Effective Date

    August 29, 2017
  3.  
  4. Biden Administration Action: Modified

    July 14, 2022

    ICE Directive 11064.3: Interests of Noncitizen Parents and Legal Guardians of Minor Children or Incapacitated Adults

    This Biden administration policy modifies the Trump-era policy identified in this entry.

    According to the new policy, when a noncitizen parent or legal guardian is arrested or detained for a civil immigration proceeding, the noncitizen can maintain visitation with their child or with the incapacitated adult for whom they serve as guardian. The noncitizen parent or legal guardian can coordinate care and participate in any related court or child welfare proceedings.

    ICE will now have procedures in place to identify individuals who are parents or legal guardians of minor children or incapacitated adults. This includes affirmatively inquiring about such status when a noncitizen is encountered. ICE will develop new trainings on safeguarding the parental or guardianship rights of noncitizens for relevant ICE personnel. Further, a previously removed noncitizen may, on a case-by-case basis, be returned via parole when their in-person participation at a custody hearing is required. The new policy also establishes enhanced procedures and requirements for the initial placement and subsequent transfer of parents and legal guardians, including provisions to ensure access to family visitation and child welfare services and programs.

    View Document

Current Status

Partially in effect
July 14, 2022
Acted on by Biden Administration

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Agency Directive
Subject Matter: Interior
Agencies Affected: ICE

Pre Trump-Era Policies

  • August 23, 2013

    Obama Administration ICE policy 11064.1 governing detention and removal of parents required prosecutorial discretion in cases involving noncitizen parents of undocumented minor children "as early in the case or proceedings as possible." It ordered ICE Field Office Directors to "reevaluate" detention of noncitizen parents of documented children. Other measures required included facilitating visits between parents and children, and detaining noncitizens at facilities close to their children (these requirements were not rescinded).

    ICE Policy Number 11064.1: Facilitating Parental Interests in the Course of Civil Immigration Enforcement Activities

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