While it has not yet been officially released by ICE, and therefore this information can not be confirmed, it is important to be aware of the following information if you have a U Visa (Victim of Crime, I-918) application pending with USCIS.
On 1/31/2025, a user on redditt posted that a journalist received a leaked memo, allegedly from ICE, that states that ICE will be revoking the traditional protections afforded to U Visa applicants. If true, then the traditional “victim approach,” whereby ICE refrained from arresting, detaining and deporting undocumented immigrants with pending U Visa may be over https://www.reddit.com/r/DACA/comments/1ievcf5/2_leaked_internal_memos_from_ice_from_today_13125/
Also provided via the same reddit post was this information stating that a leaked memo, allegedly from ICE, regarding conditions for stays of removal for those subject to a Private Immigration Bill submited in Congres:
For noncitizens in the United States who have been victims of certain crimes and are assisting law enforcement in investigations or prosecutions, the U visa provides a potential pathway to legal status. However, due to lengthy processing times, many applicants find themselves in a precarious position while waiting for a decision from U.S. Citizenship and Immigration Services (USCIS). Fortunately, traditional protections exist to help shield U visa applicants from deportation while their cases are pending.
Understanding the U Visa and Protections Under Previous Presidents
The U visa was created under the Victims of Trafficking and Violence Protection Act of 2000 to encourage undocumented crime victims to report crimes without fear of deportation. To qualify, applicants must demonstrate:
- They were a victim of a qualifying crime (e.g., domestic violence, sexual assault, human trafficking, or felonious assault).
- They suffered substantial physical or mental abuse as a result of the crime.
- They have been, are, or will be helpful to law enforcement in the investigation or prosecution of the crime.
- They meet admissibility requirements or apply for a waiver.
While the U visa provides valuable benefits, including work authorization and a path to a green card, its limited annual cap (10,000 visas per year) leads to long wait times. As a result, applicants often seek protection from deportation while waiting for their cases to be processed.
The purpose of the program is to encourage victims to come forward to assist with the investigation and prosecution of criminals. Undocumented immigrants are often a target of criminal activity. When they do not report crimes, everyone (including US citizens) face higher security risks because the criminals go free.
Traditional Protections from Deportation for U Visa Applicants
1. USCIS’s “Deemed Bona Fide” Determination and Work Authorization
In 2021, USCIS implemented a Bona Fide Determination (BFD) process for pending U visa applicants. Under this process:
- If an applicant submits a complete U visa petition (Form I-918) with the required law enforcement certification (Form I-918, Supplement B) and has cleared background checks, USCIS may determine the petition is “bona fide” (genuine).
- A bona fide determination (BFD) makes an applicant eligible for deferred action (protection from deportation) and a work permit (Employment Authorization Document or EAD) while waiting for a final decision.
- This provides significant relief by allowing applicants to work legally and avoid removal from the U.S.
2. Deferred Action and Prosecutorial Discretion
Even before the Bona Fide Determination process, USCIS and Immigration and Customs Enforcement (ICE) have historically used prosecutorial discretion to grant deferred action to U visa applicants with pending cases.
- Deferred action is a form of discretionary relief that delays deportation for a specific period.
- ICE and USCIS may grant deferred action on a case-by-case basis if an individual demonstrates they meet the U visa criteria and do not pose a public safety threat.
Applicants who receive deferred action may also be eligible for a work permit under this status.
3. Stays of Removal for Those in Immigration Proceedings
For U visa applicants who are already in removal proceedings, there are additional safeguards:
- If removal proceedings are ongoing, applicants can request a stay of removal while their U visa petition is pending.
- Immigration judges and ICE attorneys may exercise discretion to administratively close or terminate proceedings in certain cases.
- Some applicants may also file motions to reopen removal orders if they can demonstrate eligibility for a U visa.
4. Parole-in-Place for Family Members of Military Personnel
For U visa applicants who have family members in the U.S. military, parole-in-place (PIP) may be an option. This discretionary benefit allows certain noncitizens to remain in the U.S. temporarily and receive work authorization, which can offer additional protection from deportation.
Challenges and Considerations
Despite these protections, U visa applicants must remain cautious:
- Enforcement Priorities: The Department of Homeland Security (DHS) prioritizes removals based on criminal history and national security concerns. While many U visa applicants qualify for prosecutorial discretion, those with serious criminal records may face additional hurdles.
- Lengthy Processing Times: U visa applications take several years to process. Applicants should ensure they maintain lawful presence and comply with all USCIS requirements to avoid unnecessary complications.
- Limited Protections Without a Bona Fide Determination: Until an applicant receives a BFD notice or deferred action, they may still be vulnerable to removal.
Final Thoughts
The U visa program provides crucial relief for crime victims seeking safety and legal status in the U.S. While processing delays remain a challenge, traditional protections such as bona fide determinations, deferred action, and stays of removal helped shield applicants from deportation.
If indeed the above memos are true, then those with U visa applicaitons pending, particularly those with final removal orders, should immediatley contact their attorney to discuss strategy. Please stay connected to this blog for information as it becomes available
If you or someone you know is pursuing a U visa, consulting with an experienced immigration attorney can help navigate the complex legal landscape and secure necessary protections while awaiting a decision.