The United States Immigration and Customs Enforcement, more commonly known as ICE, is the agency responsible for enforcing immigration laws. In situations where a person has entered the country illegally or has overstayed a visa, ICE is the agency that would detain and possibly deport the person.

In response to the failed and highly immoral Trump administration's family separation policy, the Biden administration released a policy directive in 2022 that instructs ICE officers on how to handle situations involving parents or legal guardians. During the course of their enforcement efforts, ICE encounters people who are parents of minor children or legal guardians of a child or incapacitated adult. This new policy directive makes it the responsibility of ICE not to abuse the "fundamental interests" of parents, legal guardians, and those for whom they are legally responsible. ICE must routinely ask those they encounter as part of their enforcement if they are a parent or legal guardian, and follow a set of instructions if they are.

These new policy directives apply for subjects who are the primary caretaker or custodial parent of a minor child under the age of 18 or an incapacitated adult in the United States. This also applies for guardians appointed through a family court, guardianship, child welfare proceeding, or probate court that involves a minor child or incapacitated adult.

The policy directive includes the following protections:

• Under the new policy directive, there are certain situations where ICE should not send a parent or legal guardian to detention. If ICE decides to detain a subject, they must follow instructions regarding the care of the dependent child or incapacitated adult.
• If ICE must send a subject to immigration detention, the facility must be geographically close to the child or incapacitated adult.
• If detained, ICE must allow the dependents to visit the parent or guardian regularly. This includes remote visits, and visits accompanied by an attorney or notary.
• At the time of arrest, ICE must allow the parent or legal guardian to make a plan for dependent care before being arrested or detained.
• At the time of arrest, ICE must wait with the parent or legal guardian for the arrival of the person or agency that will be caring for the dependent. They cannot move the subject to a new location until the designated person or agency arrives.
• ICE must make arrangements for the parent or legal guardian to appear in-person for family court, child welfare, or guardianship proceedings, if the appearance is required for maintaining or regaining custody of the dependent.
• In situations where ICE decides to deport the parent or guardian, they must allow the subject to make plans for the future care of the dependents. This can include arranging guardians in the United States or obtaining travel documents for the dependents to travel with the guardian outside the United States.
• For any pending court cases or child welfare hearings, ICE must consider the dates of these proceedings before completing a removal order or deportation.

If you are the parent or legal guardian of a minor child or incapacitated adult, it is important to know your rights. If you are arrested or detained by ICE, be sure to note ICE Directive 11064.3: Interests of Noncitizen Parents and Legal Guardians of Minor Children or Incapacitated Adults. In all situations involving detention or deportation, it is very important to have an immigration attorney to advocate on your behalf and to protect the legal rights of you and your children.