FACILITATING PARENTAL INTERESTS IN THE COURSE OF CIVIL IMMIGRATION ENFORCEMENT

Posted by NYC Immigration Lawyer Norka M. Schell
Law Offices of Norka M. Schell, LLC
Tel. (212) 564-1589
Website: www.lawschell.com


A removal proceeding is an immigration court hearing to determine whether a non-citizen will be removed from the United States. Under the immigration laws, all persons who are not citizens of the United States may be removed from this country if she falls within one of the grounds of inadmissibility or deportability contained in the Immigration and Nationality Act. Even lawful permanent residents may lose their residency status and be removed from the United States if they violate certain immigration law provisions. 

On August 23, 2013, the Obama Administration issued an administrative Directive for the U.S. Immigration and Customs Enforcement (ICE) officers which will facilitate parental interests in the course of civil immigration enforcement activities. 

The Directive establishes ICE policy and procedures to address the placement, monitoring, accommodations, and removal of certain alien parents. The Directive is particularly concerned with the placement, monitoring, accommodation, and removal of alien parents or legal guardians who are: 

1. primary caretakers of minor children without regard to the dependent's citizenship;

2. parent and legal guardians who have a direct interest in family court involving a minor or child welfare proceedings in the United States; and 

3. parents or legal guardians whose minor children are U.S. citizens or lawful permanent residents. 

The Directive is intended to complement the immigration enforcement priorities and prosecutorial discretion previously issued, as well as other related detention standards and policies that govern the intake, detention, and removal of alien parents. The security and safety of any ICE employee, detainee, ICE detention staff or member of the public will be paramount in the exercise of the procedures and requirements of this Directive. 

ICE personnel is advised to ensure that the agency's immigration enforcement activities do not unnecessarily disrupt the parent rights of both alien parents or legal guardians of minor children. Particular attention should be paid to immigration enforcement activities involving: 

1. parents or legal guardians who are primary caretakers; 

2. parents or legal guardians who have a direct interest in family court or child welfare proceedings;

3. parents or legal guardians whose minor children are physically present in the United States and are U.S. citizens or lawful permanent residents.  

ICE will maintain a comprehensive process for identifying, placing, monitoring, accommodating, and removing alien parents or legal guardians of minor children while safeguarding their parental rights.

The Field Office Directors (FODs) is specifically advised to continue to weigh whether an exercise of prosecutorial discretion may be warranted for a given alien and shall consider all relevant factors in this determination, including whether the alien is a parent or legal guardian of a U.S. citizen or lawful permanent resident minor, or is a primary caretaker of a minor.  While the FODs may exercise prosecutorial discretion at any stage of an enforcement proceeding, it is general preferable to exercise such discretion as early in the case or proceeding as possible. 

The identification whether an alien is a parent or legal guardian may be sought at any time during the alien's arrest, processing or identification. If an alien is found to be a parent or legal guardian of a U.S. citizen or legal permanent resident minor, or a primary caretaker of a minor, the FODs should reevaluate any custody determination for the alien to the extent permitted by the law in accordance with the existing ICE policy. 

This Directive could help help the thousands of children of undocumented immigrants who are in adult detention facilities while their parents undergo deportation proceedings. 

If you are facing removal proceedings and would like to consult with us about your relief from removal or any immigration matter, please call our Manhattan immigration office at (212) 564-1589 to schedule you personal consultation with our Immigration Lawyers.