FAQs on ICE Directive on Detention and Removal of Guardians

This document is a preliminary analysis of the directive on August 29, 2017 by Immigration and Customs Enforcement (ICE) issued Policy Number 11064.2 on Detention and Removal of Alien Parents or Legal Guardians. It is current as of April 17, 2018 and may be updated as additional information becomes available.

This Directive replaces ICE’s 2013 Parental Interests Directive, and eliminates certain key pieces of the 2013 policy, specifically the emphasis on applying prosecutorial discretion to parents and primary caregivers and the use of humanitarian parole to assist parents in returning to the US to participate in proceedings that would lead to termination of their parental rights.