ICE Directive 11064.3, Interests of Noncitizens Parents and Legal Guardians of Minor Children or Incapacitated Adults, ensures that when a parent or legal guardian is arrested or detained for a civil immigration proceeding that the noncitizen can maintain visitation with their child or incapacitated adult for whom they serve as guardian, coordinate their care, and participate in any related court or child welfare proceedings.
Additionally, the updated directive makes important changes, including but not limited to:
- Requiring that ICE directorates have procedures in place to identify individuals who are parents or legal guardians of minor children or incapacitated adults, including by affirmatively inquiring about such status when a noncitizen is encountered.
- Establishing enhanced procedures and requirements regarding the initial placement and subsequent transfer of parents and legal guardians, including provisions to ensure access to family visitation and child welfare services and programs.
- Allowing, on a case-by-case basis, for the return of a previously removed noncitizen via parole in instances where the noncitizen’s in-person participation at a hearing or hearings related to the termination of their parental rights or guardianship is required.
- New training will be developed for relevant ICE personnel on safeguarding the parental or guardianship rights of noncitizens they encounter while executing their duties.
While the prior version of this policy applied to parents and legal guardians of minor children, the current policy also applies to the parents and legal guardians of incapacitated adults.
The policy goes into effect immediately and full implementation will be complete in the next several months.
No Private Right Statement
While this overview of the Parental Interests Directive addresses its effect on certain parents and legal guardians, the Directive provides only internal ICE policy guidance, which may be modified, rescinded, or superseded at any time without notice. It is not intended to, does not, and may not be relied upon to create any right or benefit, substantive or procedural, enforceable at law by any party in any administrative, civil, or criminal matter. Likewise, no limitations are placed by this guidance on the otherwise lawful enforcement or litigative prerogatives of ICE.
Anyone may contact ICE on matters involving detained parents. Potential inquirers may include, but are not limited to: detained parents or legal guardians of minor children or incapacitated adults in the United States, family or child dependency court officials, child welfare case workers or other child welfare authorities, immigration attorneys, family law attorneys, and other child welfare or immigration advocates.
- Contact your local Community Relations Officer if you have inquiries relating to this Directive.
- For case inquiries involving child protective services, family court or child welfare proceedings, you may send a parental interests inquiry directly via the secure ERO Contact Form. Please select “Parental Interests” in Type of Inquiry to have it routed to the HQ ERO Parental Interests team.
- For information regarding how to contact a detained parent or the detained parent’s deportation officer, you may reach out to the ERO field office where the parent is detained. The Online Detainee Locator System may provide the location where the parent is detained.
- If you are an attorney, visit Attorney Information and Resources for additional information.
- If you are looking for information on how to apply for humanitarian parole per Section 5.9 of the Directive, visit USCIS's Humanitarian Parole web page.
You may also contact ICE Headquarters by calling the ICE Detention Reporting and Information Line at 1-888-351-4024 during regular business hours, 8 a.m. to 8 p.m. EST, Monday through Friday. Note: State that your request is a "Parental Interests Inquiry." Bilingual (English/Spanish) operators are available. If necessary, interpretation services are also available to communicate with individuals in other languages.