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Date Announced
Aug. 29, 2017ICE 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]
View Policy Document -
Effective Date of Change
Aug. 29, 2017 -
Subsequent Action
March 28, 2018Fact sheet
ICE Fact Sheet: Policies and Procedures Involving Detained Parents and Legal Guardians
Prior Policies
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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parents and children and detaining noncitizens at facilities close to their children; these requirements were not rescinded.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