ICE Directive 11064.3 on Parental Interests is focused on offering some immigration possibilities to certain aliens detained for illegally crossing the US border.
This directive was announced by the Immigration and Customs Enforcement Service (ICE) in order to improve detention procedures for parents and legal guardians in the country. Similarly, individuals detained in the US are not alone, they have the help of our immigration lawyers in New Jersey.
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Key Points Of The ICE Directive 11064.3 on Parental Interests
ICE Directive 11064.3 ensures that when a parent or legal guardian is arrested or detained in civil immigration proceedings, they can continue to visit the minor or incapacitated adult.
However, the parent or legal guardian must coordinate the care of the minor or incapacitated adult and participate in any related court or child welfare proceedings.
Additionally, the directive makes some important changes. These include:
- Allows the return of the national foreigner previously deported from the US through a temporary residence permit. This is when the participation of the alien is required in hearings related to guardianship or paternity.
- Develop new training for ICE personnel on protecting aliens’ parental or guardianship rights.
- Requires ICE addresses to have a process to identify individuals who are parents or legal guardians of minors or incapacitated adults.
- Establishes enhanced requirements and procedures regarding the initial placement and subsequent transfer of parents and legal guardians. This includes provisions ensuring:
- Access to family visits
- Services, and
- Child welfare programs.
The previous version of this regulation applied only to legal guardians and parents of minors. However, the current policy will also apply to legal guardians and parents of incapacitated adults.
What Exactly Is ICE Directive 11064.3 Of Parental Interests?
Directive 11064.3 is a statutory provision that complements existing immigration enforcement priorities and ICE prosecutorial discretion memorandums.
This directive also supplements the detention standards that govern the custody and transfer of undocumented immigrants in the United States. This includes parents, legal guardians, and primary caregivers.
The directive is intended to help ICE enforce immigration laws fairly and with respect for the rights of parents in the United States.
Who Does ICE Directive 11064.3 Affect Parental Interests?
Directive 11064.3 is focused on:
- Parents and legal guardians who have a direct interest in child welfare or child protection family court proceedings in the US.
- Primary caregivers of minors regardless of the citizenship of the dependents.
- Parents or legal guardians of minor children who are US citizens or legal permanent residents.
Our attorney has helped hundreds of immigrants examine their options for obtaining a Green Card. Likewise, she has successfully represented countless residents in the arduous process to obtain US citizenship. Call us today so we can evaluate your chances of becoming legal in the country.
How Can ICE Directive 11064.3 Help Parents’ Interests?
Directive 11064.3 contains several important factors in relation to cases involving parents and legal guardians of minors. This directive also refers to all those involved in both immigration processes or in family welfare.
Among the elements included in this directive are:
- Allows visits from children to parents.
- Designate a specific point of contact within each regional office for cases where there is parental interest.
- Promotes the complete entry of information pertinent to the matter in the ICE system to give it its proper follow-up.
- Determines immigration detention placement.
- Offers arrangements and accommodations for the care of minors.
- Facilitates participation in family courts or tribunals.
- Develop processes to regularly review and identify cases involving parents and legal guardians of minors and primary caregivers.
Aspects To Take Into Account About The Directive
Although the parental interests directive covers the effect of certain parents, legal guardians, and primary caretakers, the directive only applies to ICE.
- Therefore, the directive does not create any type of right or procedural or substantive benefit with respect to any administrative, criminal or civil matter in question.
- Likewise, the protection and safety of ICE employees, detained individuals, and detention personnel will be fundamental in the application of the processes of this directive.
- Similarly, the Senate has not confirmed a permanent ICE director under President Joe Biden’s administration. This is because the Harris County Sheriff has withdrawn from consideration.
- This is all because former President Trump was harshly criticized for his “Zero Tolerance” immigration policies. Which allowed immigrants to be separated from minors who accompanied them when entering the US without permission.
When Does ICE Parental Interests Directive 11064.3 Go Into Effect?
The policy is effective immediately, while full implementation will be completed in the months following its effective date.
Among the changes that we have explained, it is now available for ICE to allow deported illegal immigrants to return to the US through temporary parole.
This will be so they can attend their hearings where they could lose their parental rights to their children.
How Can Immigrants Know If This Directive Applies To Them?
ICE is required to ask individuals on a regular basis if they are parents or legal guardians. However, immigrants should be prepared to advocate on their own if ICE does not ask these questions.
Information about the new policy is expected to be posted in all detention centers in the United States. However, you can request to speak with:
- The ICE Child Welfare Coordinator, or
- A case manager at the Office of the Ombudsman for Detained Immigrants (OIDO).
Is There Any Protection For Parents And Children?
Until the individual or designated agency picks up their children, they should not be taken or moved to a new location.
Additionally, if guardianship proceedings require an appearance to maintain or regain custody, ICE may be able to arrange for the immigrant’s participation when required by the court.
Similarly, if there is a pending court or child welfare proceeding, ICE may consider pausing the immigrant’s deportation until the case is closed.
How Can Curbelo Law Help You In These Immigration Matters?
At Curbelo Law we have advised and represented a large number of immigrants in all types of immigration matters, from a deportation order to legalization in the country.
- Our clients will be in the best possible hands, since our attorney Carolina T. Curbelo has more than 10 years of experience handling these matters.
- Regardless of whether the parents or legal guardians have to appear at a master calendar hearing or at an individual hearing in immigration court, our attorney will be able to help them.
- No immigration issue is complex enough for our attorney. Therefore, if you wish to obtain legal representation, do not hesitate to contact us.
Immigrants can contact us through our telephone number, by E-mail or by previously scheduling an appointment with the office, located in Ridgewood, New Jersey.