Recently, an internal ICE memo on VAWA, U, and T visas has raised concerns within immigrant communities. The memo suggests that ICE is not obligated to provide protections to individuals with pending cases. However, this has always been true in theory—until final approval, there is a minimal risk of being stopped by ICE, with officers using their discretion on detention.
Understandably, this has led to fear and confusion among our clients and the broader immigrant community. This article explains what this recent ICE memo on VAWA, U, and T Visas means for applicants, and what steps you can take to protect yourself.
Here’s What You Need to Know:
- Your Case Is Still Valid: This memo is NOT the law and does NOT change the law. VAWA, U, and T visas remain strong legal protections. Your pending application is still active, and you continue to have legal rights under U.S. immigration law.
- ICE Discretion Is Not New: The ICE memo on VAWA, U, and T visas does not give ICE new powers—it simply reaffirms its existing authority. This does not mean ICE will actively seek out individuals with pending cases. This is the important part. By applying, you are not putting yourself on their radar. And remember applying for a case still gives you a chance at getting your legal papers!
- Protection Through Legal Representation: Having an attorney significantly increases your protection. We are here to advocate for you, challenge any unjust actions, and ensure your rights are respected.
Having a well-documented pending case is crucial for demonstrating your intent to comply with U.S. immigration laws. Providing timely updates to USCIS, keeping track of receipt notices, and ensuring all deadlines are met can further strengthen your case. Legal professionals can assist in preparing strong supporting evidence, increasing your chances of a successful outcome.
➡ Additional Tip: If you have an ongoing case, carrying proof of your pending status can help in case of an ICE encounter. This includes receipts from USCIS, biometric notices, or a letter from your attorney confirming your application is in progress.
- Know Your Rights: Regardless of this memo, you still have constitutional rights:
✅ Right to Remain Silent – You are not required to answer any questions about your immigration status.
✅ Right to an Attorney – You can request legal representation.
✅ Right to Refuse Entry – Do not open your door unless ICE has a warrant signed by a judge. - Stay Calm and Informed: Fear can lead to misinformation. Trust your legal team. We are monitoring this situation closely and will inform you of any real changes that affect your case.
What to Do If You’re Detained:
If you are stopped or detained by ICE:
- Stay Calm and Silent – Contact our office during business hours at 630-504-0648. We will do our best to accommodate detention and deportation defense services (note: these services have separate fees and are available on a limited basis).
- Carry a “Know Your Rights” Card – Free copies are available at our office.
Conclusion
The ICE memo on VAWA, U, and T visas has caused widespread concern, but it is not a law and does not revoke existing protections. By understanding your rights, having legal representation, and staying informed, you can navigate these challenges safely.
At Qazi Law Offices, we stand with you in this uncertain time. You do not have to face immigration challenges alone. We are here to fight for your safety and security.
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Call us today at 630-504-0648 or book an appointment with Attorney Farrah to discuss how the recent ICE memo on VAWA, U, and T visas may impact your case. 👉 Schedule a Consultation
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