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Original Date Announced
August 13, 2018Discovery produced in litigation reveals coordination between USICIS and ICE to arrest individuals with final orders of removal who have sought to obtain lawful status through an I-130 petition (based on a family relationship) and provisional waiver regulations that permit waivers of grounds of inadmissibility. In particular, USCIS alerts ICE when these individuals submit I-130s, and USCIS schedules in-person interviews with the intent of ICE making an arrest at that point. ICE states that Executive Order 13768 requires them to seek to arrest these individuals.
[ID #350]
ICE Policy Filing in Calderon Jimenez v. Nielsen (D. Mass.) Reported in lawsuit documentsEffective Date
August 13, 2018Subsequent Trump and Court Action(s)
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August 23, 2018
Judge: ICE shouldn't 'remove' people applying for green cards just because they have deportation orders
In an August 2018 hearing, Judge Wolf of D.Mass stated: "ICE may only remove them from the US after considering the fact that they were pursuing provisional waivers," [Judge] Wolf said in court Thursday. "I am not precluding ICE from taking action."
View Document
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
Current Status
Partially in effectOriginal Trump Policy Status
Status: Final/Actual In LitigationTrump Administration Action: Change in PracticeSubject Matter: InteriorAssociated or Derivative Policies
Pre Trump-Era Policies
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January 3, 2013
Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives
Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives; Final Rule (“2013 Final Rule”), [78 Fed. Reg. 535, 536 (Jan. 3, 2013) -
July 29, 2016
Expansion of Provisional Unlawful Presence Waivers of Inadmissibility
81 Fed. Reg. 50244, 50245 (July 29, 2016)
Documents
Trump-Era Policy Documents
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New Policy
Original Source:
Calderon Jimenez v. Nielsen (D. Mass.)
- Prior Policy
- Prior Policy
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Commentary
Citizenship service conspired with ICE to ‘trap’ immigrants at visa interviews, ACLU says
According to emails between federal officials unsealed in federal court documents this week, U.S. Citizenship and Immigration Services had been coordinating with ICE to alert the agency when certain immigrants eligible for deportation showed up at the CIS office for routine interviews.
Go to articleTerrible and Terrifying: Marriage Interviews Become Another Cog in the Deportation Machine
In a growing number of cases around the country, U.S. Immigration and Customs Enforcement (ICE) has adopted a novel and reprehensible approach to apprehending potentially deportable immigrants: seizing them during the marriage interview component of their immigration application process.
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