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ICE will no longer automatically stay removal during pendency of congressional private-bill investigative report

  1. Original Date Announced

    May 5, 2017

    ICE 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 Bills
  2. Effective Date

    May 5, 2017
  4. Biden Administration Action: Revoked/Replaced

    November 8, 2021

    Private 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."

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Current Status

Not in effect

Most Recent Action

November 8, 2021 Action: Revoked/Replaced Private Immigration Relief Legislation—Introduced and Enacted—110th – 117th Congress (2007 – Present)
November 8, 2021
Acted on by Biden Administration

Original Trump Policy Status

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

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