Survey re ICE/OPLA Practices Vis a Vis SIJS-Eligible Children

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The End SIJS Backlog Coalition is tracking implementation of ICE prosecutorial discretion practices vis a vis children eligible for Special Immigrant Juvenile Status who are in the green card backlog, including ICE implementation of the Victim-Centered Approach Memo and ICE OPLA implementation of the Doyle Prosecutorial Discretion Memo. Please complete this form to report ICE and ICE OPLA practices you have seen with respect to SIJS-eligible children in removal proceedings or who have removal orders. If you’d like to share information about multiple cases, please submit one form for each case. The Coalition plans to use non-identifying information gathered from this survey to share general trends with the field and media and as part of our advocacy efforts to end the SIJS backlog and mitigate its worst harms in the meantime.

End SIJS Backlog Coalition website: https://www.sijsbacklog.com/

ICE Victim-Centered Approach Memo: https://www.ice.gov/doclib/news/releases/2021/11005.3.pdf

Doyle Prosecutorial Discretion Memo: https://www.ice.gov/doclib/about/offices/opla/OPLA-immigration-enforcement_guidanceApr2022.pdf

Email *

Your Name *

Your Organization/Firm *

Your Work Email Address *

City/State of Relevant ICE Office *

Status of Your Client’s SIJS Petition (Form I-360) *

Have not yet filed I-360; working on state court process

I-360 pending with USCIS

I-360 has been approved

Other (if you answer "other," please explain in the final survey prompt below)

Status of Your Client’s Adjustment of Status Application (Form I-485) *

Have not yet filed I-485 because client’s priority date is not current

I-485 pending with immigration court

I-485 pending with USCIS

Other (if you answer "other," please explain in the final survey prompt below)

Does Your Client Have a Deferred Action Grant from USCIS Pursuant to the SIJS Deferred Action Policy? *

USCIS SIJS Deferred Action Policy can be found here: https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20220307-SIJAndDeferredAction.pdf

Yes

No USCIS deferred action decision received at this time

No. USCIS denied deferred action. (please complete our deferred action survey to report this case: https://forms.gle/5WG4YfBuWkJcnmNt5

Is Your Client Currently Detained by ICE? *

Yes

Did Your Client Enter the United States Before or After November 1, 2020? *

On or before November 1, 2020

After November 1, 2020

Does Your Client Have Any Juvenile Delinquency or Criminal History? *

Yes

Please Describe the Status of Your Client’s Removal Proceedings. *

Notice to Appear (NTA) issued but not filed with the immigration court

Pending removal proceedings before the immigration court

Pending appeal with the Board of Immigration Appeals (BIA)

Pending petition for review of BIA decision in a U.S. court of appeals

Client has a final, unexecuted removal order issued by the immigration court (i.e. has not left the United States since the order issued)

Client has an executed order issued by the immigration court (i.e. was physically deported or otherwise left the United States after the order issued)

Client has an expedited removal order (issued by DHS)

Client has a reinstated order (issued by DHS)

Other (if you answer "other," please explain in the final survey prompt below)

Required

If You Have Asked for, or Received, a Form of Prosecutorial Discretion (PD) with/from ICE ERO, Please Describe the Form of PD Requested and/or Received, Including, as Relevant, Date of Request, What You Asked for, ICE ERO Response/Outcome and Any Reasons Given, and Date of Outcome. *

Examples of PD requests to ICE ERO include release from detention, stay of removal, cancellation of expedited removal order, and parole.

If You Have Asked for, or Received, a Form of PD with/from ICE OPLA, Please Describe the Form of PD Requested or Received, Including, as Relevant, Date of Request, What You Asked for, OPLA Response/Outcome and Any Reasons Given, and Date of Outcome. *

Examples of PD requests to OPLA include agreement not to file NTA, motion to dismiss removal proceedings, joining motion for administrative closure or a continuance, joining a motion to reopen, and stipulation to bond or to adjustment of status.

Is There Anything Else You’d Like to Share About Your Client’s Experience with ICE or ICE OPLA and the Exercise of Prosecutorial Discretion? Please Also Describe Here Any Adverse PD Decisions Received.

A copy of your responses will be emailed to the address you provided.

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