INS Memorandum on the legal basis and the extent to which the INS may exercise prosecutorial discretion in its enforcement activities.
Topic: Enforcement and Detention
Materials regarding enforcement and detention of/ relating to immigrants.
[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] Motions to Reopen for Consideration of Adjustment of Status – May 17, 2001 (+)
DOJ Memorandum discussing requirements and procedure for filing a Motion to Reopen for Consideration of Adjustment of Status.
[pdf] ICE Public Advocate Fact Sheet: Enforcement and Removal Options (+)
U.S. Immigration and Customs Enforcement (ICE) public advocate fact sheet for enforcement removal operations.
[pdf] IACHR Findings for Smith v. US (+)
Organization of American States, Inter-American Inter-American Commission on Human Rights findings in the case Wayne Smith, Hugo Armendariz, et al. v. United States, July 12, 2010.
[pdf] 2009 Immigration Detention Reforms Fact Sheet (+)
This fact sheet summarizes the policy changes that were made by ICE in 2009, on the immigration detention system.
[pdf] Worksite Enforcement Strategy Fact Sheet (+)
This fact sheet summarizes the policy changes that were made by DHS on April 30, 2009, on worksite enforcement strategies.
[pdf] Safety Planning Webinar Slides (September 6, 2012) (+)
Safety planning for immigrant survivors using DHS’s new victim protection policies.
[pdf] How to Get a Detained Person to Court for Family Court Cases Involving Children and/or Criminal Proceedings (+)
This handout will provide best practices for judges, attorneys, and advocates on how to secure the attendance, in court proceedings, of immigrants who are being detained by the U.S. Department of Homeland Security (DHS) so that immigrants can participate in family court proceedings involving their children and in criminal court proceedings.
[pdf] Detained or Deported: What About My Children? What to do if You Can’t Be With Them (+)
This guide describes the child welfare system in great detail. If you do not know what a word or term means, see the Glossary. You may need to read certain sections in this guide several times in order to understand and you may also need to ask someone else for help.
[pdf] Facilitating Parental Interests in the Course of Civil Immigration Enforcement Activities (August 23, 2013)(Superseded by ICE Detained Parents Directive 2017) (+)
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. Superseded by ICE Detained Parent Directive (2017)
[pdf] Advocate’s Guide to Immigrant Survivors’ Rights and Protections (February 23, 2015) (+)
A guide for advocates and attorneys on immigrant survivors rights if they become the subject of immigration enforcement. This tool helps advocates providing advise to immigrant victims of domestic violence and sexual assault about steps both the immigrant crime victim and the advocate/attorney should take should the victim become the subject of an immigration enforcement action.
Law Enforcement, Prosecutor and T and U Visa Certifier Training Materials
Most of the documents in this section and the trainings provided to law enforcement and prosecutors listed at the end of this section were supported by grants from the Office on Violence Against Women, The Bureau of Justice Assistance and/or the Training and Technical Assistance Center of the Office of Victims of Crime of the […]
[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] Family Law Toolkit: Detention and Termination of Parental Rights (+)
A comprehensive manual covering topics, such as: attorney guide for victim parents at risk of detention, fact sheet on State v. Maria L., Nebraska Supreme Court ruling, explanation and power of attorney designation instructions, appointment of temporary guardian of child (one parent and two parents), motion to dismiss for inadequate service of process, motion to appear telephonically, motion and memo opposing TPR, TPR trial brief template, protecting assets and child custody in the face of deportation, and how children move through the child welfare system.
[pdf] Harboring and Transportation of Undocumented Persons: Information for Domestic Violence, Sexual Assault and Victim Services Agencies (+)
To help protect undocumented immigrants against domestic violence, the federal government has established certain safeguards to encourage undocumented women to report, and fully cooperate in the investigation of, incidents of domestic abuse without fear of arrest or removal from the United States. These protections guarantee that all women, without regard to immigration status, have access to programs and services necessary to protect their life and safety, such as domestic violence shelters, emergency medical service and victim assistance programs.
[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] Keeping the Dream Alive: Immigration Reform, Women and the DREAM Act (+)
A powerpoint presentation from the April 8, 2011 training in Washington, DC at the Women, Money, Power Summit sponsored by Feminist Majority and the YWCA.
[pdf] Immigration Relief for Immigrant Victims of Domestic Violence, Sexual Assault and Human Trafficking Victims (+)
Powerpoint presentation from the December 1, 2010 training in Sioux Falls, South Dakota
[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] Policies & Practices that Enhance the Legal Rights of Immigrant Domestic Violence Victims (+)
A powerpoint presentation on immigrant victims’ legal rights from October 14, 2010 training in Long Beach, California
[pdf] Power of Attorney Designation Instructions for Guardianship of Child (June 2010) (+)
A guardianship election form is a notarized statement indicating who should have the authority to act as the temporary guardian of your child should a client be suddenly unavailable to care for their child. Circumstances include hospitalization or immigration detention.
[pdf] Attorney Guide to Representing Immigrant Victim Parents Who Are at Risk of Detention/Deportation, in detention, or Have Been Deported (+)
Toolkit of materials for representing immigrant victim parents in detention or deported. This tool kit was created with the expectation that an increase in the number of family law assistance for immigrant parents will emerge and also in the hopes that family law attorneys nationwide will be equipped to handle these specific cases and can volunteer their services.This tool kit can also be adapted and used in contested custody cases and abuse and neglect cases involving immigrant victims since many of the same issues arise.
[pdf] The Impact of Immigration Enforcement on Child Welfare (+)
While children of immigrants have a lot at stake in the discussions surrounding U.S. immigration policy, their interests remain largely ignored in the debate. For instance, little consideration is given to the impact of immigration enforcement on the 5.5 million children, the vast majority of whom are native-born U.S. citizens, living with at least one undocumented parent. Similarly overlooked are the significant challenges experienced by public child welfare agencies that encounter children separated from their parents due to immigration enforcement measures.
The U.S. child welfare system is based on the notion of ensuring the safety and best interest of the child; however, this principle is often compromised in the face of conflicting federal immigration policies and practices. This policy brief examines the intersection of immigration enforcement and child welfare and the difficulties facing immigrant families caught between the two systems. Recommendations are provided to prioritize keeping children with their families and out of the public child welfare system whenever possible and to ensure that separated families who do encounter the child welfare system receive appropriate care and due process.
[pdf] Change Notice: Admission and Release– National Detention Standard Strip Search Policy (+)
ICE Memorandum detailing the modified standard for strip search of immigration detainees.
[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] Exercising Prosecutorial Discretion (+)
DOJ Memorandum giving guidance to INS officers on appropriate exercises of their prosecutorial discretion.