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08-12-2021, 11:03 PM #1
Biden Administration Orders ICE Agents Not to Arrest, Deport Victims of Crime
Biden Administration Orders ICE Agents Not to Arrest, Deport Victims of Crime
By Isabel van Brugen
August 12, 2021 Updated: August 12, 2021
The Biden administration issued guidance on Aug. 11 instructing U.S. Immigration and Customs Enforcement (ICE) agents to refrain from arresting and deporting illegal immigrants who were victims of crimes and those who are applying for victim-based immigration benefits.
Described as a “victim-centered approach” to enforcement, the new policy will see ICE agents cease taking action against illegal immigrants who have applied for visas specifically offered to victims of human trafficking, domestic violence, child neglect, or abuse, according to the guidance (pdf) issued by Acting ICE Director Tae Johnson.
T-visas are designated for victims of human trafficking, and U-visas are meant for victims of violent crimes in the United States.
The memo to ICE agents states that the goal of a victim-centered investigation and prosecution is to focus on minimizing any undue stress, harm, and trauma to the victim.
“When victims have access to humanitarian protection, regardless of their immigration status, and can feel safe in coming forward, it strengthens the ability of local, state, and federal law enforcement agencies, including ICE, to detect, investigate, and prosecute crimes,” Johnson wrote.
The approach also seeks to minimize the “chilling effect” of potential deportation, and therefore encourage illegal immigrants to cooperate with law enforcement.
“A victim-centered approach encourages victim cooperation with law enforcement, engenders trust in ICE agents and officers, and bolsters faith in the entire criminal justice and civil immigration systems,” Johnson wrote.
ICE agents should also refrain from detaining or deporting illegal immigrants who were victims of crime, even if they have not applied for victim-based immigration benefits, the memo states.
“The fact that someone is a victim of crime and, where applicable, may be eligible for victim-based immigration benefits for which they have not yet applied, is a discretionary factor that must be considered in deciding whether to take civil immigration enforcement action against the noncitizen or to exercise discretion, including but not limited to release from detention,” the guidance says.
Further, ICE agents and officers also must look for evidence while carrying out their duties that suggests an illegal immigrant is a crime victim.
Johnson added in a statement that the policy update facilitates victim cooperation with law enforcement, enhances ICE’s criminal investigative efforts, and promotes trust in ICE agents and law enforcement officers.
“It is ICE’s commitment to assist victims of crime regardless of their immigration status,” he said.
However, ICE is still authorized to take action against victims of crime in “exceptional circumstances,” including if an individual could physically endanger somebody else or is deemed a threat to national security.
In June, the Biden administration dismantled a Trump-era government office to help victims of crimes committed by illegal immigrants, and replaced it with an “inclusive support system for all victims, regardless of immigration status or the immigration status of the perpetrator.”
ICE launched the Victims Engagement and Services Line on June 11, noting in a statement that the Victims of Immigration Crime Engagement (VOICE) Office that then-President Donald Trump established in 2017 “is terminated.”
Johnson said at the time that people who contact the new office for help won’t be asked about their immigration status.
Republicans have argued that Trump’s policies and messaging were effective at discouraging illegal immigration, and that the Biden administration’s rollback of some of them has led to a record-high surge in the number of people crossing the southern border illegally.
Besides repealing some Trump-era immigration policies, the Biden administration has also sought to change its use of language. In April, the Biden administration ordered ICE and CBP to stop using terms such as “illegal alien” and instead use the phrase “undocumented noncitizen.”
Biden proposed removing the term “alien” from federal immigration laws in a citizenship bill he sent to Congress on Jan. 20, his first day as president, according to the White House.
Tom Ozimek contributed to this report.
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08-13-2021, 07:04 AM #2
Send them all back.
We have our own "victims of crime" right here in our own cities. Do we DUMP them over the border into Canada?ILLEGAL ALIENS HAVE "BROKEN" OUR IMMIGRATION SYSTEM
DO NOT REWARD THEM - DEPORT THEM ALL
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08-13-2021, 01:48 PM #3
Victims of Human Trafficking: T Nonimmigrant Status
05/10/2018
T nonimmigrant status is a temporary immigration benefit that enables certain victims of a severe form of human trafficking to remain in the United States for up to 4 years if they have assisted law enforcement in an investigation or prosecution of human trafficking. T nonimmigrant status is also available for certain qualifying family members of trafficking victims. T nonimmigrants are eligible for employment authorization and certain federal and state benefits and services. T nonimmigrants who qualify may also be able to adjust their status and become lawful permanent residents (obtain a Green Card).
Congress created this status (commonly referred to as a T visa) in October 2000 as part of the Victims of Trafficking and Violence Protection Act. Human trafficking, also known as trafficking in persons, is a form of modern-day slavery in which traffickers use force, fraud, or coercion to compel individuals to provide labor or services, including commercial sex. Traffickers often take advantage of vulnerable individuals, including those lacking lawful immigration status. T visas offer protection to victims and strengthen the ability of law enforcement agencies to investigate and prosecute human trafficking .
Under federal law, a “severe form of trafficking” is:
- Sex trafficking: When someone recruits, harbors, transports, provides, solicits, patronizes, or obtains a person for the purpose of a commercial sex act, where the commercial sex act is induced by force, fraud, or coercion, or the person being induced to perform such act is under 18 years of age; or
- Labor trafficking: When someone recruits, harbors, transports, provides, or obtains a person for labor or services through the use of force, fraud, or coercion for the purpose of involuntary servitude, peonage, debt bondage, or slavery.
Close All Open All
Eligibility for T Nonimmigrant Status
Applying for T Nonimmigrant Status
Eligibility for Qualifying Family Members
Employment Authorization
After You Obtain T Nonimmigrant Status
Eligibility for Services and Benefits
Other Resources
Related Links
https://www.uscis.gov/humanitarian/v...migrant-status
Matthew 19:26
But Jesus beheld them, and said unto them, With men this is impossible; but with God all things are possible.
____________________
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08-13-2021, 01:49 PM #4
Victims of Criminal Activity: U Nonimmigrant Status
06/12/2018
The U nonimmigrant status (U visa) is set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act) in October 2000. The legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of noncitizens and other crimes, while also protecting victims of crimes who have suffered substantial mental or physical abuse due to the crime and are willing to help law enforcement authorities in the investigation or prosecution of the criminal activity. The legislation also helps law enforcement agencies to better serve victims of crimes.
To learn about updates to the program, visit our U Nonimmigrant Status Program Updates page.
Close All Open All
U Nonimmigrant Eligibility
Qualifying Criminal Activities
Applying for U Nonimmigrant Status (U Visa)
Filing for Qualifying Family Members
Fees to File U Nonimmigrant Status Applications U Visa Extensions
U Visa Extensions
U Visa Cap
Applying for a Green Card
Resources for Victims of Human Trafficking & Other Crimes
https://www.uscis.gov/humanitarian/v...migrant-status
Matthew 19:26
But Jesus beheld them, and said unto them, With men this is impossible; but with God all things are possible.
____________________
Join our efforts to Secure America's Borders and End Illegal Immigration by Joining ALIPAC's E-Mail Alerts network (CLICK HERE)
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