Van Der Hout LLP

ICE Announces New Policy to use Discretion to not Detain or Deport Certain Crime Victims

ICE Announces New Policy to use Discretion to not Detain or Deport Certain Crime Victims
August 13, 2021

ICE has issued new guidance stating that it will exercise prosecutorial discretion in appropriate circumstances in cases that involve immigrants who have been granted, or are applying for, immigration benefits designed to help victims of crime. The policy explicitly covers U visas, T visas, VAWA and SIJS, but it is not exclusive to those types of benefits. Under the policy, ICE will, absent “exceptional circumstances,” refrain from detaining or arresting individuals who have approved or pending applications for this type of benefit. The goal of the policy is to create a more victim-centered approach to investigation and prosecution.

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