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Lawsuit Challenges ICE Policy on Deporting Crime Victims With Pending U and T Visas

Advocates say the guidance bypasses survivor protections Congress designed to spur cooperation with law enforcement.

Overview

  • Filed Tuesday in Los Angeles federal court, the case was brought by Public Counsel with partner groups on behalf of eight immigrants with pending applications.
  • The complaint targets a Trump administration directive telling ICE officers they do not need to actively check for U or T visa filings during arrests.
  • Plaintiffs argue detention now automatically revokes deferred action without a hearing and that removals proceed without required eligibility reviews.
  • Examples in the filing include Yessenia Ruano, who says she self-deported to El Salvador after a denied stay despite a pending T visa, and “Lupe A.,” deported to Mexico after years in the United States despite prior deferred action.
  • ICE has not responded to requests for comment, and advocates warn the practices deter crime reporting and could worsen already lengthy visa backlogs.