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Original Date Announced
May 5, 2017ICE will no longer automatically stay removal when Congress requests an investigative report regarding the beneficiary of a proposed private immigration bill. ICE will consider a single six-month stay per beneficiary (with a possible 90-day extension at the discretion of the ICE director) only if it receives an express congressional request, independent of a request for an investigative report. [ID #262]
ICE Directive: Policy Number 5004.1- Stays of Removal and Private Immigration BillsEffective Date
May 5, 2017Subsequent Trump and Court Action(s)
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January 31, 2025
2025.02.18 ICE Directive 5004.3 - Stays of Removal and Private Immigration Bills
ICE Acting Director Caleb Vitello issued a policy directive (ICE Directive 5004.3) titled, "Stays of Removal and Private Immigration Bills." The directive states that ICE will now only consider a stay of removal in association with a private immigration bill if the Chair of the full Committee or Subcommittee of jurisdiction expressly makes a written request--a request for an investigative report will no longer be sufficient. ICE will also not grant more than one stay for any one noncitizen and a granted stay's duration will be limited to six months (subject to a single 90-day extension upon request and at the ICE Director's discretion). ICE may revoke a stay if "derogatory" information is found. The guidance rescinds and supersedes ICE Directive 5004.2, released during by the Biden administration on November 8, 2021.
View Document
Biden Administration Action: Revoked/Replaced
November 8, 2021Private Immigration Relief Legislation—Introduced and Enacted—110th – 117th Congress (2007 – Present)
ICE Policy Number 5004.2 revokes and replaces the prior Trump Administration policy on stays of removal for beneficiaries of proposed private immigration bills. "Once a private immigration bill has been introduced and an investigative report requested by the Chairperson of the House or Senate Committee on the Judiciary (or of the relevant Subcommittee of jurisdiction within either committee), absent exceptional circumstances, ICE will temporarily refrain from civil immigration enforcement actions including but not limited to initiating removal proceedings, pursuing a final order of removal, or executing a final order of removal until the bill is signed into law or until Congress adjourns without acting on the bill and the subsequent grace period (March 15 of the of the (sic) first session of the following Congress) has expired."
View DocumentCurrent Status
Not in effectMost Recent Action
November 8, 2021 Action: Revoked/Replaced Private Immigration Relief Legislation—Introduced and Enacted—110th – 117th Congress (2007 – Present)November 8, 2021Acted on by Biden Administration
Original Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: InteriorAgencies Affected: ICEAssociated or Derivative Policies
Documents
Trump-Era Policy Documents
Biden Administration Policy Documents
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Biden Administration Action
Original Source:
OCR - Private Immigration Bills
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