ICE Will No Longer Arrest, Deport Illegal Immigrants Who Are Crime Victims
A US Immigration and Customs Enforcement (ICE) building is seen in Washington, DC May 09, 2019. EVA HAMBACH/AFP via Getty Images

The U.S. Immigration and Customs Enforcement (ICE) announced that they would no longer arrest and deport illegal immigrants who are crime victims.

In a press statement released on Wednesday, ICE Acting Director Tae Johnson said the policy update facilitates victim cooperation with authorities.

Johnson noted that it enhances ICE's criminal investigative efforts while promoting trust in ICE agents and officers enforcing the laws, Fox News reported.

The ICE acting director said it's the agency's commitment to assist victims of crime regardless of their immigration status.

He noted that this approach "would minimize the fear of repercussions that enforcement decisions may have on the willingness and ability of noncitizen crime victims to contact law enforcement, participate in investigations and prosecutions, pursue justice, and seek benefits."

The agency said it would instead support noncitizen victims of crime while offering them access to immigrant benefits.

The ICE noted that it strengthens the ability of local, state, and federal law agencies when victims have access to humanitarian protection regardless of their immigration status, Forbes reported.

ICE Directive on Illegal Immigrants Who Are Crime Victims

The new ICE policy directs deportation officers not to consider arresting or releasing immigrants who are found to be victims of crime despite not having an immigration application.

ICE agents need to request permission from top agency officials to arrest immigrants who are victims or witnesses of crimes that are part of ongoing investigations or prosecutions, CBS News reported.

Immigrants can seek to stay in the country legally by applying for several victims-based benefits under U.S. law. These benefits include U visas for victims of serious crimes who assisted law enforcement. They can also acquire T visas for trafficking victims.

They can also apply for VAWA petitions for those suffering domestic abuse and Special Immigrant Juvenile Status for children neglected, abandoned, or abused by their parents.

However, ICE can still take action against crime victims in some instances, such as if a target is deemed national security or could physically endanger somebody else.

Some have expressed their concern regarding the new directive, such as President of America First Legal Stephen Mille.

Miller told Fox News that illegal immigrants could seek to avoid deportation by simply saying that they have witnessed a crime.

Miller further noted that the only people who would benefit from this are those people who have committed serious criminal offenses or fraud.

He added that the new directive would only weaken an "already fraud-ridden program" used by illegal aliens and their advocates in order to remain unlawfully in the country.

Immigrant Apprehensions

President Joe Biden has campaigned to put an end to the use of private prisons for immigration detention. However, executive director of Detention Watch Network, Silky Shah, said that Biden's policies so far have not matched his campaign rhetoric, noting that there is still time to turn things around.

The Biden administration has canceled contracts with two controversial ICE detention centers in May. The move had gotten praise from advocates who hoped it would be the start of a change, Associated Press reported.

According to a Pew Research Center report, around 180,000 encounters were reported in June at the U.S.-Mexico border. The numbers in June are the highest monthly total since March 2000. It has also managed to surpass the peak, which was in May 2019.

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Written by: Mary Webber

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