2017 policy on detention and monitoring of pregnant detainees that has been rescinded and replaced but the July 1, 2021 ICE Directive I1032.4 Identification and Monitoring of Pregnant, Postpartum, or Nursing Individuals.

2016 ICE policy on pregnant detainees rescinded and replaced by December 14, 2017 policy on Identification and Monitoring of Pregnant Detainees and then again by July 1, 2021 policy on nursing, postpartum, and pregnant individuals.

ICE policy replacing prior 2017 and 2007 policies regarding detention of nursing mothers. Under this 2021 police ICE should not detain, arrest, or take into custody for an administrative violation of the immigration laws individuals known to be pregnant, postpartum, or nursing. In the very limited circumstances in which detention is necessary and appropriate, ICE must monitor individuals known to be pregnant, postpartum, or nursing detained in ICE custody for general health and well-being, including regular custody and medical reevaluation, to ensure appropriate pre- and/or post-natal and other medical and mental health care. ICE must ensure that individuals known to be pregnant, postpartum, or nursing are housed in facilities suitable for their medical and mental health needs.

Immigration and Customs Enforcement directive that lays out the history and purpose to immigration law protections for crime victims and directs ICE officials about how they are to identify and assist immigrant crime victims using a victim centered approach. States and spells out how the following policy is to be implemented by all ICE officials. ICE will exercise prosecutorial discretion in appropriate circumstances to facilitate access to justice and victim-based immigration benefits by noncitizen crime victims. To that end, absent exceptional circumstances, ICE will refrain from taking civil immigration enforcement action against known beneficiaries of victim-based immigration benefits and those known to have a pending application for such benefits. Additionally, ICE officers and agents may encounter noncitizen victims of crime who are not the beneficiary of victim-based immigration benefits and do not have pending applications for such benefits. Accordingly, in the course of their duties, ICE officers and agents must look for indicia or evidence that suggests a noncitizen is a victim of crime, such as being the beneficiary of an order of protection or being the recipient of an eligibility letter from the U.S. Department of Health and Human Services Office of Trafficking in Persons.

May 2018 ICW web pages on detained parent directive. Facilitates parental interests of detained parents.

Fact sheet by ICE describing how detained parents can participate in court cases involving their children, can have visitation with their children, can request transfers to detention centers that would allow for visitation with their children and/or participation in court cases involving their children, parent involvement in placement or care of their children and facilitating travel of children with parents who are being removed.

ICE Detained Parents Directive: Detention and Removal of Alien Parents or Legal Guardians (August 29, 2017) This directive provides directions governing ICE responsibilities and ICE policies governing steps ICE can be asked to take regarding the following:
— Having ICE transfer detained parents to court to participate in state court proceedings in family or child welfare courts regarding the custody, care, placement or guardianship of the detained parents’ child(ren) primarily for in-person participation of the parent in state court proceedings and in the alternative secondarily for facilitating participation by video conference
— Facilitating visitation between detained parents and their children
— Preventing the transfer or placement of a detained parent in detention facilities outside of the jurisdiction of the courts having jurisdiction over their children
–Assisting detained parents in making plans for care, custody, placement or guardianship of their children
— Facilitating the ability of detained parents to obtain passports, travel documents and other documentation that would be needed and to arrange for travel for their children to join them should the parent be deported.

NOTE this document is the ICE directive that went into effect in August 2017, in March of 2018 ICE issued a fact sheet on this policy and in May 2018 ICE updated its website with instructions related to using this policy.

Immigration and Customs Enforcement (ICE) Frequently Asked Questions (FAQ) on 2018 policies regarding immigration enforcement actions taken at sensitive locations and at courthouses. This document should be read together with Thomas D. Homan, Directive Number 11072.1: Civil Immigration Enforcement Actions Inside Courthouses, 1 (January 10, 2018) https://niwaplibrary.wcl.american.edu/pubs/ice-courthouse-directive-2018/ and John Morton, Policy Number 10029.2: Enforcement Actions At or Focused on Sensitive Locations, 1 (October 24, 2011) https://niwaplibrary.wcl.american.edu/pubs/ice-2011-sensitive-locations-policy

Superseded by: https://niwaplibrary.wcl.american.edu/pubs/ice-and-cbp-courthouse-enforcement. This policy issued by U.S. immigration and Customs (ICE) enforcement sets out policies regarding civil immigration enforcement at federal, state and local courthouses. This policy requires that ICE immigration enforcement officers will only conduct civil immigration enforcement at court houses against immigrants who are targeted for immigration enforcement due to criminal convictions, gang membership, national security, public safety threats or when the immigrant has been ordered removed from the United States. Persons accompanying the targeted immigrant to court including family members and friends will generally not be subject to immigration enforcement. Civil enforcement is to be avoided in non-criminal court cases include family law cases and civil cases and require prior supervisory approval.