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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 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
  2. Effective Date

    August 29, 2017

Current Status

Fully in Effect

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 (Number 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" and ordered ICE Field Office Directors to "reevaluate" detention of noncitizen parents of documented children. Other measures required in 11064.1 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parents and children and detaining noncitizens at facilities close to their children; these requirements were not rescinded.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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