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ICE Agrees Not to Remove, Deny Requests for Stay of Removal, or Oppose Continuances for U Visa Petitioners for 90 Days

March 22, 2021 (1 min read)

ASISTA, Sanctuary for Families, Mar. 22, 2021

"On February 13, 2020, ASISTA and Sanctuary for Families filed a lawsuit against ICE challenging former Acting Director Matthew Albence’s authority to eliminate the prima facie determination process for U visa petitioners. See ASISTA v. Albence, No. 3:20-cv-00206-JAM (D. Conn.). On March 18, 2021, Judge Jeffrey A. Meyer granted the parties’ joint motion to stay the proceedings for 90 days subject to specific interim conditions. These conditions prohibit ICE from (1) denying a request for stay for U visa petitioners; (2) removing U visa petitioners; or (3) opposing a motion to continue for U visa petitioners during the 90 day period, subject to certain exceptions. ASISTA and Sanctuary for Families are providing this update to inform practitioners of the terms of the agreement and potential implications for representing U visa clients."