[pdf] ICE OPLA VAWA Confidentiality and Immigration Relief for Crime Victims Training (November 11, 2016) (+)

This notice reports on the trainings conducted by the Immigration and Customs Enforcement’s Office of Principal Legal Advisor on VAWA Confidentiality and immigration protections for victims for ICE Assistant chief counsel and Enforcement and removal officers. The goal of this training was to ensure that all ICE Trial Attorneys and the Assistant Chief Counsel they report to are aware of the requirements of VAWA confidentiality and the protections available to immigrant crime victims under the VAWA, T visa, and U visa programs and under the 2011 Victim Witness Memo. The document lists the process for contacting the ICE Office of Chief Counsel for problems with particular cases and the point of contact at OPLA on VAWA confidentiality.

[pdf] ICE and OPLA VAWA Confidentiality Memos -FOIA Response (2007) (+)

Office of Principal Legal Advisor (OPLA) memorandum on VAWA 2005 Amendments to the Immigration and Naturalization Act and changes made to VAWA confidentiality protections and ICE memorandum on Interim Guidance Relating to Officer Procedure

[pdf] Guidance on Adjudicating Stay Requests Filed by U Nonimmigrant Status (+)

US Immigration and Customs Enforcement Memorandum providing guidance to the ICE Office of Detention and Removal Operations Directors about factors to consider when adjudicating requests for a Stay of a Final Administrative Order of Removal filed by an alien with a pending petition for U nonimmgrant status (U-Visa).

[pdf] DHS Plan to Provide Training to State and Local Law Enforcement in the Secure Communities Program (+)

Overview of the DHS Office for Civil Rights and Civil Liberties (CRCL) and U.S. Immigration and Customs Enforcement (ICE) series of training /awareness briefings designed primarily for use by front line state and local law enforcement agency (LEA) personnel during daily muster/roll call briefings.

[pdf] Guidelines for Identifying Humanitarian Concerns Among Administrative Arrestees When Conducting Worksite Enforcement Operations (+)

Cover letter and policy regarding addressing humanitarian concerns regarding nursing mothers, pregnant women, and mothers who are primary caretakers of children during worksite enforcement actions and the considerations for humanitarian release.

[pdf] Clarification of Existing Practices Related to Certain Health Care Information (+)

ICE Memorandum explaining Immigration and Customs Enforcement civil immigration enforcement policy regarding information concerning individuals and members of their household obtained during the eligibility determination process for such coverage under ACA and SSA.

[pdf] Letter to Immigrant Women Program from U.S. Immigration and Customs Enforcement Regarding “Rights and Options for Battered Immigrant, Migrant, and Refugee Women and Immigrant Women Who Met Their Spouses Through International Matchmaking Agencies.” (+)

Letter to Immigrant Women Program from U.S. Immigration and Customs Enforcement regarding Legal Momentum’s draft booklet entitled: “Rights and Options for Battered Immigrant, Migrant, and Refugee Women and Immigrant Women Who Met Their Spouses Through International Matchmaking Agencies.”

[pdf] Field Guidance on Enforcement Actions or Investigative Activities at or Near Sensitive Community Locations (+)

U.S. Immigration and Customs Enforcement Memorandum regarding ICE policies for conducting enforcement actions or investigative activies at or near sensitive community locations, such as schools, places of worship, and funerals or other religious ceremonies.

[pdf] Guidance Regarding U Nonimmigrant Status (U visa) Applicants in Removal Proceedings or with Final Orders of Deportation or Removal (+)

This memorandum provides field guidance to ensure compliance with the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA) regarding aliens with pending U visa petitions who are either (1) subject to a final administrative order of deportation or removal and request a stay of removal or (2) in removal proceedings.

[pdf] Exercising Prosecutorial Discretion Consistent with the Civil Immigration Enforcement Priorities of the Agency for the Apprehension, Detention, and Removal of Aliens (+)

U.S. ICE Memorandum providing guidance on what factors to consider in exercising prosecutorial discretion to ensure that the agency’s immigration enforcement resources are focused on the agency’s enforcement priorities.

[pdf] U.S. Immigration and Customs Enforcement Memorandum for Chief Counsels on Exercising Prosecutorial Discretion To Dismiss Adjustment Cases (October 6, 2005) (+)

ICE Memorandum setting forth the criteria and procedures by which an Immigration and Customs Enforcement (ICE) Office of the Chief Counsel (OCC) may join in or file a motion to dismiss proceedings
without prejudice when the ICE OCC determines adjustment applications currently pending before EOIR would be appropriate for approval by Citizenship and Immigration Services (CIS).

[pdf] Guidance Regarding the Handling of Removal Proceedings of Aliens with Pending or Approved Applications or Petitions (+)

This memorandum establishes U.S. Immigration and Customs Enforcement (ICE) policy for the handling of removal proceedings before the Executive Office for Immigration Review (EOIR)
involving applications or petitions filed by, or on behalf of, aliens in removal proceedings.

[pdf] ICE Response to Letter on Performance Based National Detention Standard on Escorted Trips for Non-Medical Emergencies (+)

U.S. Immigration and Customs Enforcement’s, Office of Detention Policy and Planning, response to Michelle Brane’s, Director of Women’s Refugee Commission, letter regarding proposed changes to the Performance Based National Detention Standard on Escorted Trips for Non-Medical Emergencies.

[pdf] Facilitating Parental Interests in the Course of Civil Immigration Enforcement Activities (+)

ICE Directive complementing and building upon policy memoranda and enforcement priorities to clarify ICE policy and procedure with regard to the placement, monitoring, accommodation, and removal of immigrant parents of children living in the United States, parents and legal guardians involved in family court proceedings involving children, and parents or legal guardians who have minor US citizen children

[pdf] ICE Expands Community and Detainee Helpline (+)

Announcement of U.S. Immigration and Customs Enforcement (ICE) of extension of operating hours of the ICE Community and Detainee Helpline. The helpline provides direct channel for ICE detainees, their lawyers and advocates, nongovernmental organizations, and the general public to directly engage the ICE Office of the Public Advocate to answer questions and resolve concerns.

[pdf] Prosecutorial Discretion: Certain Victims, Witnesses, and Plaintiffs (+)

U.S. Immigration and Customs Enforcement 2011 Memorandum setting forth the policies that direct the use of prosecutorial discretion in cases involving victims of and witnesses to crimes, including crimes of domestic violence, sexual assault, human trafficking, and other crimes. It includes protections from removal for individuals involved in efforts related to the protection of their civil rights. This document establishes DHS priorities for victim protection and summarizes and contains links to Immigration and Customs Enforcement policies of importance to immigrant crime victim cases.

[pdf] Escorting Detained Parents and Other Immigrants to Court (2010) (+)

This letter used together with the ICE Performance Based National Detention Standard on Escorted Trips for Non-Medical Emergencies (also included in this library) describes the system for securing attendance at court hearings for immigrants in ICE immigration detention. For parents in immigration detention this letter and the Non-Medical Emergency escort policy has been replaced by the 2013 Parental Interest Directive (also included in this library). This letter and the Non-Medical Emergency escort policy will have continued availability for use by courts and attorneys seeking to have detained immigrants appear in court for proceeding that do not involve children.

[pdf] Aliens Who May Be Unlawfully Present in the United States and Their Access to Public Post-Secondary Educational Institutions (+)

An overview of the Student and Exchange Visitor Program (SEVP), the current Department of Homeland Security (DHS) reporting requirements, and the state rules on unlawfully present students.

[pdf] Memorandum: Interim Guidance Relating to Officer Procedure Following Enactment of VAWA 2005 (+)

Memorandum from John Torres to Field Office Directors and Special Agents in Charge providing guidance to operational units of U.S. Immigration and Customs Enforcement on the new confidentiality procedures created by VAWA 2005 in cases involving individuals who may be eligible to apply for VAWA benefits or T or U visas.

[pdf] Department of Homeland Security’s Position on Respondent’s Eligibility for Relief: In Re Alvarado-Pena (+)

This case presents the issue of whether the applicant may qualify for asylum based on her fear of domestic violence. More specifically, this case raises the question whether the applicant’s fear of domestic violence may establish a well-founded fear of persecution on account of membership in a particular social group. The Department of Homeland Security (DHS) argues that, under some limited circumstances, a victim of domestic violence can establish eligibility for asylum on this basis, and that the applicant in this case has established such eligibility.