[pdf] How Immigration Law and Policies Impact State Courts — When Children and Litigants are Victims of Human Trafficking, Domestic Violence, Child Abuse, or Sexual Assault (NCJFCJ, In-Session -Fall 2023) (+)

This In-Session article discusses immigration policy updates that have occurred in 2021 – 2023 and the impact that what these policies mean for state courts adjudicating a range of family court cases involving immigrant children, immigrant crime victims, and child victims living in mixed immigration status families.

[pdf] Classification for Victims of Severe Forms of Trafficking in Persons; Eligibility for “T” Nonimmigrant Status USCIS-2011-0010 (September 13, 2021) (+)

NIWAP comment seek a final T visa rule that provides further clarification and instruction regarding the T visa Trauma Exception. These comments explain why defining “trauma” will help T visa applicants know if they qualify for the physical and psychological trauma exception to the law enforcement cooperation requirement. These comments further explain why immigrant victims eligible for T visas, U Visas, VAWA self-petitions, and for VAWA cancellation of removal and VAWA suspension of deportation should, by default, not be subject to reinstatement of removal proceedings, unless certain qualifications are met. These regulations provide USCIS an opportunity to also address the ongoing problems being caused for all immigration relief eligible victims by ending DHS’s 17-year delay to implement VAWA 2005’s Congressional instruction that DHS exercise its discretion to not reinstate removal against T visa, U visa, VAWA self-petitioner, VAWA cancellation and VAWA suspension applicants and eligible victims.

[pdf] DRAFT Standard Operating Procedures Directive Applicable to All ICE, CBP and OPLA Officials who Encounter Victims of Crime or Abuse, VAWA Confidentiality Protected Persons, and/or Victims, Witnesses or Parties in Legal Proceedings (February 28, 2022) (+)

Draft Standard Operating Procedures Directive for ICE, CBP and OPLA developed and submitted to Secretary Alejandro Mayorkas by Leslye E. Orloff on February 28, 2022. Developed with the assistance of Rafaela Rodrigues.

[pdf] DHS Enforcement Priorities, Courthouse Enforcement and Sensitive Location Policies and Memoranda Information for State Court Judges (December 27, 2021) (+)

This Bench Card helps courts understand the laws that protect immigrant crime victims from immigration enforcement activities, DHS immigration enforcement priorities and limitations placed by federal statute and by Department of Homeland Security policies on immigration enforcement at courthouses. Additionally, understanding which locations DHS considers sensitive locations will help courts craft orders that help children and families. This bench card provides courts access to legally correct information about immigration law that courts can apply when they are called upon to adjudicate cases in which a party has raised an immigration issue in state court.

This bench card has been updated to reflect the Department of Homeland Security Enforcement Priorities that require a cases by case consideration of the totality of the circumstances and mitigating factors that include crime victimization, being a caregiver of children, incapacitated adults, and/or elder parents, as well as other factors including length of time in the U.S., and education in the U.S. There are three enforcement priorities: risk to national security/terrorism, unlawful entry into the U.S. after November 1, 2020, and current threat to public safety typically because of serious criminal conduct. The later two enforcement priorities requires an assessment of mitigating factors and the totality of the facts and circumstances.

[pdf] Mayorkas Memorandum: Guidelines for the Enforcement of Civil Immigration Law (+)

This memorandum outlines three priorities for civil immigration enforcement: threats to (1) national security, (2) public safety, and (3) border security. It also emphasizes a wholistic approach when reviewing a noncitizen’s criminal and administrative record to learn of the totality of the facts and circumstances. The memorandum concludes by highlighting the importance of preserving civil […]

[pdf] Doyle Memorandum ICE Guidance to OPLA Attorneys (April 3, 2022) (+)

This memorandum further elaborates on the definition of the three enforcement priorities for Office of the Principal Legal Advisor (OPLA) attorneys outlined in the Mayorkas Memorandum. These enforcement priorities include: threat to national security, threat to public safety, and threat to border security. This memo also informs OPLA attorneys on procedures for implementing and documenting […]

[pdf] DHS Takes Victim-Centered Approach Press Release (October 20, 2021) (+)

Press release describing the role all components of DHS have been directed to take to ensure that immigrant victims are treated by DHS officials in a manner that takes a victim centered approach. Describing how this approach both meets the humanitarian needs of victims and helps DHS play a role in fighting crime.

[pdf] DHS Enforcement Priorities, Courthouse Enforcement and Sensitive Location Policies and Memoranda Information for State Court Judges (December 27, 2021) (+)

The purpose of this bench card is to inform courts about DHS protections available to all immigrants who are litigants, crime victims, children or witness in court proceedings from immigration enforcement at courthouses. The bench card provides an overview of the forms of immigration relief created for immigrant survivors of crime and/or abuse, outlines DHS enforcement priorities, discusses how prosecutorial discretion will be exercised, describes which parents, children, family members, guardians, and other litigants will and will not likely be subject to immigration enforcement, discusses policies governing enforcement of civil immigration laws at courthouses, and presents information locations protected from immigration enforcement that will be useful to state court judges drafting visitation exchange, protection orders, criminal case bond orders and range other court orders.

[pdf] ICE Directive 11032.4, Identification and Monitoring of Pregnant, Postpartum, and Nursing, Individuals (July 1, 2021) (+)

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.

[pdf] U.S. Department of Homeland Security Memorandum Enforcement Actions in or Near Protected Areas (Oct. 27, 2021) (+)

This memorandum to U.S. Immigration and Customs Enforcement issued guidelines for enforcement actions in or near protected areas. It held that enforcement actions in or near protected areas require prior agency authorization absent a narrow set of circumstances.

[pdf] John Trasvina Interim Guidance to OPLA Attorneys Regarding Civil Immigration Enforcement and Removal Policies and Priorities (May 27, 2021) – REVOKED (+)

In effect May 27, 2021 until rescinded on April 3, 2022 by Doyle Memorandum ICE Guidance to OPLA Attorneys found here: https://niwaplibrary.wcl.american.edu/pubs/opla-imm-enforce-guide-2022. This memorandum continues to remain in NIWAP’s web library for historical purposes.

[pdf] DHS FAQs Protected Areas and Courthouse Arrests (October 28, 2021) (+)

DHS wide policy affecting both Immigration and Customs Enforcement (ICE) and Customs and Border Patrol (CBP) on protected areas where immigration enforcement will generally not occur. This policy applies to all of DHS and expands upon and replaces prior policies. The FAQ addresses a range of locations that are off limits generally for immigration enforcement and also specifically addresses civil immigration enforcement at courthouses. It is important to note that these protections apply to all immigrants and are in addition to the protections offered immigrant crime victims under VAWA confidentiality protections.

[pdf] DHS Press Release: Secretary Mayorkas Announces New Immigration Enforcement Priorities (September 30, 2021) (+)

DHS press release announcing the shift in immigration enforcement to cases in which following an individualized assessment that takes into account the totality of the circumstances DHS officials believe the person who is subject to the enforcement action poses a threat to national security, a current threat to public safety or threatens border security. Being undocumented in the United States will no longer be by itself sufficient reason for an enforcement action absent a national security, public safety, or border security concern. Importantly this policy is designed to deter immigration enforcement officials from responding to tips from employers, and landlords who seek to have workers or tenants removed in retaliation for complaints about working or living conditions.

[pdf] When Family and Immigration Laws Intersect: Case Law and Department of Homeland Security Policy Update (September 30, 2021) (+)

This article looks at case law on custody and immigrant parents and the history and current U.S. Department of Homeland Security policies that confirm that in the vast majority of cases immigration status should not be a factor at all and in the limited cases when consideration may be appropriate not a determinative factor in child custody proceedings.. This article builds upon the articles published in 2013 and 2017 “Custody of Children in Mixed-Status Families: Preventing the Misunderstanding and Misuse of Immigration Status in State-Court Custody Proceedings” and “Winning Custody Cases for Immigrant Survivors: the Clash of Laws, Cultures, Custody and Parental Rights” (2017).

[pdf] ICE Directive 11005.3 – Using a Victim-Centered Approach with Noncitizen Crime Victims (August 10, 2021) (+)

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.

[pdf] Civil Immigration Enforcement Actions in or near Courthouses (April 27, 2021) (+)

This joint U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) memorandum sets forth updated policy regarding civil immigration enforcement in or near federal, state, and local courthouses. Absent certain limited circumstances, this joint memorandum prohibits civil immigration enforcement actions in or near courthouses.

[pdf] Tae Johnson, Immigration and Customs Enforcement (ICE) Interim Guidance: Civil Immigration Enforcement and Removal Priorities (February 18, 2021) – REVOKED (+)

In effect February 18, 2021 until rescinded on September 30, 2021 by Mayorkas Memorandum on Guidelines for the Enforcement of Civil Immigration Law found here: https://niwaplibrary.wcl.american.edu/pubs/mayorkas-civil-imm-guide-sept-21

[pdf] Courthouse Immigration Enforcement Steps Courts Are Taking (December 29, 2021) (+)

This tool contains a list of steps state courts are taking regarding immigration enforcement at courthouses. Many of these steps are derived from and based upon the Department of Homeland Security policies that limit immigration enforcement actions that can be taken by Immigration and Customs Enforcement (ICE) and Customs and Border Patrol officials. It is important to note that with very few exceptions, courthouse enforcement is discouraged and limited and requires Headquarters level approval and regular reporting to Headquarters and the Office of the Secretary of DHS so that any actions taken are closely monitored.

[pdf] Immigration Consequences of Maryland Offenses (April 9, 2021) (+)

s chart was written principally by Maureen A. Sweeney of the Chacón Center for Immigrant Justice at Maryland Carey Law. The current update was developed in collaboration with Faiza Chappell and Leslye E. Orloff, NIWAP, American University, Washington College of Law. The most up-to-date version of this chart can be accessed at the following link: https://www.law.umaryland.edu/media/SOL/pdfs/Programs/Immigration%20Consequences%20of%20Maryland%20Offenses%20-updated%20April%202021.pdf.

[pdf] Declaration of David B. Thronson Discussing Trauma and the Neurobiological Health and Well Being of Children (March 30, 2020) (+)

This Declaration was filed in U.S. District Court for the District of Columbia in O.M.G. vs Wolf on March 30, 2020. The Declaration discusses the dangers for children in DHS family detention centers, the risks posed by the COVID-19 pandemic and provides an excellent overview with social science research data support of the impact of trauma for immigrant children in their neurobiological, cognitive, and psychological development and children’s health and well-being. The affidavit also discusses the impact on immigrant children of the multiple traumas they have experienced across their lifetimes including both suffering abuse themselves and witnessing harms perpetrated on their parents. Additionally, the affidavit contains a discussion of the limited procedural protections children have in the U.S. immigration system including many children having to navigate the immigration court system without access to counsel. The declaration was submitted in support of a case seeking release of children and their parents from DHS family detention centers.

[pdf] Promoting Access to Justice for Immigrant and LEP Crime Victims in an Age of Increased Immigration Enforcement – National Report (May 3, 2018) (+)

Immigrant Access to Justice National Report – This report presents the results of a national survey conducted during October and November 2017 among judges, police, prosecutors, advocates and attorneys documenting whether and the extent to which increased immigration enforcement has been impacting access to justice for immigrant survivors of domestic violence, sexual assault, child abuse, elder abuse and human trafficking.

[pdf] April 2018 Newsletter (+)

In this issue: – Annoucement of Understanding the Judicial Role in U Visa Certification and “Winning Custody Cases for Immigrant Survivors: The Clash of Laws, Cultures, Custody and Parental Rights” – New Report on CSAJ’s Racial and Economic Equity Project (REEP) – Release of NIWAP’s national survey on increased immigration enforcement on immigrant crime victims

[pdf] ICE Memo April 2019 Memo on Continuing Validity of The Crime Victims Witness Protection Memo (April 19, 2019) (+)

This email confirms the that the 2011 ICE Victim Witness memo continues to be the ICE 2019 policy in place regarding immigrant crime victims and it confirms that the 2009 policies regarding expedited adjudication of pending U visa applications when a victim is in ICE detention also continues to be the ICE policy in 2019.

[pdf] Fact Sheet: ICE Policies and Procedures Involving Detained Parents and Legal Guardians (March 2018) (+)

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.

[pdf] ICE Detained Parents Directive: Detention and Removal of Alien Parents or Legal Guardians (August 29, 2017) (+)

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.

[pdf] Immigration and Customs Enforcement: FAQ on Sensitive Locations and Courthouse Arrests (January 31, 2018) (+)

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

[pdf] Civil Immigration Enforcement Actions Inside Courthouses (January 10, 2018) (+)

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.

*Winning Custody Cases for Immigrant Survivors: the Clash of Laws, Cultures, Custody and Parental Rights (2017)

Veronica T. Thronson, Carole Angel, Soraya Fata, Rocio Molina, Benish Anver, Kalli Wells and Leslye E. Orloff, Winning Custody Cases for Immigrant Survivors: The Clash of Laws, Cultures, Custody and Parental Rights.  9 Fam. & Intimate Partner Violence Q. 2-3, 1-169 (2017) This article discusses a wide range of topics that arise in custody cases […]

[pdf] VAWA Confidentiality Statutes, Legislative History and Implementing Policy (Updated June 7, 2022) (+)

This document contains the full statutory, legislative history, and history of policies issued by the U.S. Department of Homeland Security, the Immigration and Naturalization Service, Immigration and Customs Enforcement, U.S. Citizenship and Immigration Services and the Office of Principal Legal Advisor at Immigration and Customs Enforcement. Includes a discussion of the ICE Courthouse enforcement policy issued in January 2018 and ICE and CPB Sensitive locations policies as they affect immigrant victims of domestic violence, sexual assault, dating violence, stalking, child abuse and human trafficking.

February 24, 2017: “Enhanced Safety Planning for Immigrant Survivors of Domestic and Sexual Violence” (Webinar)

Abusers often use the threat of immigration enforcement as a way to maintain power and control and to make victims less likely to seek protection. For this reason, it is important for advocates to understand how to: help immigrant survivors become aware of their rights; identify special immigration remedies for victims, including special VAWA provisions around confidentiality; and how to prepare […]

*VAWA Confidentiality Protections for Immigrant Crime Victims (Update March 8, 2021)

This page contains useful information about VAWA confidentiality protections for immigrant crime victims.  For up-to-date additional materials and case law follow these links:  VAWA Confidentiality Training Materials (November 17, 2023) Training Materials – VAWA Confidentiality and Discovery in Family & Criminal Court Cases – Materials List (November 17, 2023) VAWA confidentiality was designed to enhance […]

[pdf] US DOJ Memo Case Processing Priorities 01 31 2017 (+)

This memorandum serves to rescind the February 3, 2016, memorandum (“Revised Docketing Practices Relating to Certain EOIR Priority Cases”) and the March 24, 2015, memorandum (“Docketing Practices Relating to Unaccompanied Children Cases and Adults with Children Released on Alternatives to Detention Cases in Light of New Priorities”).

[pdf] Regulatory History: Prosecutorial Discretion (10-24-05) (+)

Early DHS memos on prosecutorial discretion memo superseded by ” Civil Immigration Enforcement: Guidance on the Use of Detainers in the Federal, State, Local, and Tribal Criminal Justice Systems” (November 29, 2014) available at https://niwaplibrary.wcl.american.edu/pubs/imm-gov-icememodetainerpolicy-12-21-12/

[pdf] DHS Policies and Safety Planning Flowchart (+)

Flowchart describing safety planning for immigrant survivors and the benefits of initiating the victims immigration case before serving a perpetration in a family law or protection order case. The document also contains a list and links to Department of Homeland Security policies that foster victim protection from immigration enforcement and removal.

[pdf] DHS Policy Memo: Policies for the Apprehension, Detention, and Removal of Undocumented Immigrants (+)

This memo provides department wide guidance to ICE, CBP, and USCIS to clarify current DHS enforcement priorities. It discusses the background of prosecutorial discretion in immigration law and sets out the following civil immigration enforcement priorities: priority 1, threats to national security, border security, and public safety; priority 2, misdemeanants and new immigration violators; priority 3, other immigration violations (including those with a final order of removal except when they qualify for asylum or another form of immigration relief). This memo also discusses detention priorities and identifies those suffering from serious physical or mental illness, who are disabled, elderly, pregnant, or nursing, who demonstrate that they are primary caretakers of children or an infirm person, or whose detention is otherwise not in the public interest, as a low priority for detention.

[pdf] VAWA “Red Flags” (July 16, 2015) (+)

This “Red Flags” list was developed to help advocates and attorneys who are not immigration experts screen the immigrant victims of domestic violence, sexual assault and human trafficking they are working with to identify potential issues in the client crime victim’s case that would require assistance from an immigration attorney with particular expertise in working on cases of immigrant crime victims. When the factors contained on this list are not present in your client’s case, an advocate or attorney who is not an immigration expert can and should assist immigrant victims in filing for VAWA, T and U visa cases.

[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] Department of Homeland Security: Civil Rights Complaint Form (+)

The purpose of this form is to assist you in filing a civil rights/civil liberties complaint with the Department of Homeland Security (DHS) Office for Civil Rights and Civil Liberties (CRCL) regarding DHS programs and activities. This form is not intended to be used for complaints about employment with DHS. You are not required to use this form to file a complaint; a letter with the same information is sufficient. However, if you file a complaint by letter, you should include the same information that is requested in the form.

[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] Memorandum discussing INS Exercise of Prosecutorial Discretion (+)

This memorandum sets out the legal basis upon which, the Immigration and Naturalization (INS) may exercise prosecutorial discretion in its enforcement activities, including placing aliens in removal proceedings by serving them with Notices to Appear (NTAs). The structure of this memorandum is a series of questions and answers about prosecutorial discretion and the application of the doctrine in INS operations.

[pdf] Executive Summary: Blue Campaign Stakeholder Meeting with Senior Counselor Alice Hill (+)

On December 10, 2010, Alice Hill, Senior Counselor to the Secretary of Homeland Security, hosted a meeting with stakeholders in the fight against human trafficking. The meeting was the second stakeholder meeting of the DHS Blue Campaign to combat human trafficking, launched in July of 2010. The Blue Campaign’s mission is “To harness the authorities and resources of the Department of Homeland Security to deter human trafficking by increasing awareness, protecting victims, and contributing to a robust criminal justice response.” The meeting focused on current projects of the Blue Campaign as well as future deliverables. Invitees included representatives from throughout the federal government, state and local law enforcement, non-governmental organizations, foreign governments, the United States Congress, the private sector, and the general public.

[pdf] Kennedy, Delahunt Announce New Guidelines For Immigration Raids (+)

Statement released by Senator Edward Kennedy and Congressman William Delahunt regarding the Office of Immigration and Customs Enforcement’s Guidelines for Identifying Humanitarian Concerns among Administrative Arrestees When Conducting Worksite Enforcement Operations. The guidelines set forth best practices for quickly identifying persons arrested who are sole caregivers or who should be released from custody for other humanitarian reasons.

[pdf] INS Detention Standard: Non-Medical Emergency Escorted Trips (+)

INS Detention standard operating procedure regarding non-medical emergency escorted trips. The Immigration and Naturalization Service (INS) provides detainees with approved staff escorted trips into the community for the purpose of visiting critically ill members of the detainee’s immediate family, or for attending their funerals.

[pdf] Field Guidance on Enforcement Actions or Investigative Activities at or Near Sensitive Community Locations (2008) (+)

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] Guidance on Providing Language Assistance to Other Law Enforcement Organizations (+)

2012 Memorandum from U.S. Customs and Border Protection addressing CBP protocol if a Federal, state, or local law enforcement organization (other than DHS) requests assistance from CBS on a need for language translation.

[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 for Coordinating the Adjudication of Applications and Petitions Involving Individuals in Removal Proceedings (+)

This policy memorandum provides guidance for coordination with U.S. Immigrant and Customs Enforcement (ICE) on the adjudication of applications and petitions involving individuals in removal proceedings before Executive Office of Immigration Review.

[pdf] USCIS Memorandum: Effect of Perez-Gonzalez v. Ashcroft in Ninth Circuit on Adjudication of Form I-212 (March 31, 2006) (+)

USCIS Memorandum regarding the effect of the U.S. Court ofAppeals for the Ninth Circuit Perez-Gonzalez v. Ashcroft on Adjudication of Form I-212 Applications Filed by Aliens Who Are Subject to Reinstated Removal Orders Under INA § 241(a)(5).