Understanding ICE's New Memo: What U Visa Applicants Need to Know

On January 31, 2025, Immigration and Customs Enforcement (ICE) released a new memo that changes how they handle cases involving U visa, T visa, and VAWA applicants.

While these changes have caused some concern in immigrant communities, it's important to understand exactly what the memo means and how securing your BFD or waitlist status is more important than ever for protecting yourself and your family from deportation.

What's Really Changing? Breaking Down the Four Major Updates

Police Coordination Requirements

When ICE considers detaining or deporting someone, they now must check with local, state, and federal law enforcement to ensure they're not interfering with ongoing criminal investigations.

This might sound technical, but here's what it means for you: If you're helping police with an investigation or prosecution, ICE needs to ensure they're not disrupting that process by removing you from the country.

What you should do: Keep your police contact's phone number and email with you at all times. If ICE attempts to detain you, immediately let them know about your cooperation with law enforcement and provide them with your contact's information. This could make a significant difference in how ICE handles your case.

Protection for Benefit Recipients

The second major change involves how ICE handles cases of people who either have approved immigration benefits or pending applications. Before taking any action, ICE officers must consult with their legal team about what they can and cannot do.

This is particularly important if you have:

A Bona Fide Determination (BFD)
A Waitlist Decision (WLD)
An approved U visa
A pending application

‍What you should do: Always carry copies (not originals) of your documentation. This could be:

A physical copy of your BFD or waitlist decision that mentions “deferred action”
A clear photo of your BFD or waitlist decision on your phone
Your work authorization card

If you have deferred action through a BFD or waitlist decision, you have strong protection against deportation. Even with just a pending application, you should have some protection, though it's not as strong.

Changes in Victim Identification

One concerning change is that ICE officers are no longer required to actively identify potential victims of crimes who might qualify for immigration benefits. They also don't have to consider someone's status as a crime victim when making enforcement decisions.

‍What this means: If ICE encounters someone during an enforcement action (like a workplace raid), they won't automatically ask if the person has been a victim of a crime or inform them about potential immigration options.

‍What you should do:

If detained, immediately inform ICE that you're a crime victim and/or have a pending or approved U visa application
Share information about U visas within your community
Help spread awareness about immigration options for crime victims

Expedited Processing Changes

ICE will no longer routinely request expedited processing of cases from U.S. Citizenship and Immigration Services (USCIS). While they can still make these requests in special cases, it won't be standard practice anymore.

‍What you should do: If detained, you can still ask ICE to request expedited processing of your case, especially if you can show it would benefit their interests (like helping with a criminal investigation).

Understanding Your Level of Protection

The level of protection you have depends on your current status:

‍Strongest Protection: Having an approved U visa, BFD, or waitlist decision with deferred action.

‍Medium Protection: Having a pending application.

‍Limited Protection: Being eligible but not yet having applied.

Taking Action: What You Should Do Now

If you have an approved benefit or pending application:

Keep copies of all documentation with you
Know your rights
Have emergency contact numbers ready
Keep your police contact's information handy

If you're eligible but haven't applied for a U visa, T visa, or VAWA:

Consider applying as soon as possible
Gather your documentation
Seek legal assistance if needed

If you're waiting for a decision on your application:

Consider taking legal action to expedite your case and get BFD or waitlist status. You have two main options:

Work with an Immigration Attorney
Use Pro Se Pro Services

Self-file your case with professional guidance
Access to prepared legal documents and templates
Step-by-step assistance
More affordable than full legal representation
Over 2,000 families have successfully used this approach

‍Important: Whether you choose to work with an attorney or use our services, taking action now is crucial. The new ICE policies make having BFD or waitlist status more important than ever for protecting yourself and your family from deportation.

For everyone:

Stay informed about your rights
Keep important documents organized and accessible
Have an emergency plan for your family
Share information responsibly within your community

Understanding Your BFD Documentation

Sample BFD approval for principal:

Sample BFD approval for derivative:

Sample waitlist approval:

Your Bona Fide Determination (BFD) package typically includes several documents, but the most important one for protection against deportation is the BFD approval letter. This official letter from USCIS contains crucial information about your deferred action status. Here's what to look for:

The letter will have your name and case number at the top
Look for language stating "USCIS has determined that your petition is bona fide"
Most importantly, find the paragraph mentioning "deferred action" - this is your protection against deportation
The letter is separate from your work permit (EAD card)

‍Pro Tip: While your work permit is important, the BFD letter explicitly mentions deferred action which provides the strongest protection if approached by ICE. Keep both a physical copy and a clear photo of this letter with you.

Moving Forward

While this memo represents some concerning changes in how ICE handles cases involving crime victims, it's important to remember that the fundamental protections of the U visa program remain in place. The key is to be prepared, informed, and proactive in protecting your rights.

Remember: Knowledge is power. Understanding these changes and knowing how to respond if approached by ICE can make a crucial difference in protecting yourself and your family. Don't let fear prevent you from exercising your rights or seeking the immigration benefits you may be eligible for.