The Parental Interests Directive complements ICE's existing immigration enforcement priorities and prosecutorial discretion memoranda, as well as detention standards and policies that govern the intake, detention and removal of individuals in the United States illegally, including parents, legal guardians and primary caretakers. The directive is meant to aid ICE in enforcing immigration laws fairly and with respect for a parent's rights and responsibilities by outlining ICE policies and procedures concerning the placement, monitoring, accommodation and removal of alien parents or legal guardians.
No. The Parental Interests Directive is unrelated to DACA. The directive does not establish a process for immigration relief nor create an immigration benefit. Rather, it reiterates existing prosecutorial discretion emphasis regarding certain parents, legal guardians and primary caretakers. The directive also addresses placements and transfers of detained alien parents, legal guardians and primary caretakers, participation in domestic family court, visitation of detained alien parents by their children, coordination of care and travel for children of detained alien parents facing pending removal and facilitating the return of lawfully removed alien parents to participate in termination of parental rights proceedings in the United States (which will be applicable in very few instances).
The Parental Interests Directive addresses the placement, monitoring, accommodation and removal of all alien parents or legal guardians who have children residing in the United States. With respect to several of the directive's provisions, particular attention is paid to those who are:
The directive's provisions may cover primary caretakers who are not the biological parent or legal guardian of a child who is physically present in the United States.
Upon apprehension and a determination that detention is warranted, ICE will seek to place detained alien parents, legal guardians or primary caretakers as close as practicable to their children and/or family court or child welfare proceedings if located within the area of initial apprehension. Additionally, ICE intends to avoid transferring them away from this location, unless deemed operationally necessary. This determination will be made consistent with ICE Policy 11022.1: Detainee Transfers.
Yes, per the following:
The provisions of this directive will assist parents, legal guardians and primary caretakers involved in ongoing family or dependency court proceedings by:
You may contact ICE in several ways:
You may contact ICE in several ways:
ICE will, to the extent practicable, accommodate detained parents, legal guardians or primary caretakers in their efforts to arrange guardianship for their children to remain in the United States or travel for their children to accompany them back to their home country. Detainees in this situation may need to contact their attorney, consular officials, court officials and/or family members in the weeks leading up to removal to execute signed documents (e.g., powers of attorney, passport applications, appointments of guardianship or other permissions). Detainees may also need to purchase airline tickets or make other preparations prior to removal. If you, or someone you know, is facing pending removal and needs to coordinate care or travel for your/his/her children, you may contact ICE in several ways:
Yes, at ICE's discretion, and on a limited case-by-case basis, ICE may consider facilitating the return of a lawfully removed person back into the United States (by granting humanitarian parole) if they:
You may contact ICE by:
Documents that verify your pending parental rights termination proceedings may include, but are not limited to:
In addition, you must provide to ICE written correspondence from the court stating that you must appear in person, and that your attendance (e.g. by phone or video-conference) by alternative means is not acceptable.
ICE will not assist with any costs associated with returning to, or departing from, the United States in this situation. Individuals must arrange to cover all costs to travel to the United States and from the United States back to their home country.
No, not under this directive. While ICE has authority to consider parole on a limited, case-by-case basis for any alien, under this directive ICE will only consider facilitating the return of lawfully removed individuals to participate in parental rights termination proceedings. (See Question 11 [Does this directive address parents, legal guardians or primary caretakers who have already been removed from the United States?].)