Survivors of domestic violence, trafficking, and other serious crimes who are waiting on certain immigration cases have some of their protection from immigration enforcement back (for now).
Important dates:
- January 30, 2025: ICE issues new guidance that lets officers arrest and deport survivors with pending VAWA, U visa, and T visa cases.
- October 14, 2025: Legal organizations sue to stop the policy.
- May 20, 2026: A federal court temporarily pauses the policy nationwide. Protections take effect right away.
What happened?
For many years, ICE generally avoided arresting or deporting people who were waiting on VAWA, U visa, or T visa cases. Congress created these programs so survivors could report abuse and help police without fear of being deported.
In early 2025, ICE reversed course. Under its new guidance, survivors could be arrested, detained, and deported, even with a case still pending at USCIS.
Several legal groups sued. The case was first filed as ICWC v. Noem, and is now called Immigration Center for Women and Children v. Mullin. On May 20, 2026, a federal judge in California temporarily paused the ICE guidance, along with two other related practices. The ruling applies nationwide, including here in Wyoming, and in Colorado, where most Wyoming residents in detention end up.
Does this affect me?
You may be protected by this ruling if:
- You have a VAWA, U visa, or T visa case pending with USCIS, or you’re listed as a family member on one, and ICE tries to detain you. ICE should generally not arrest, detain, or deport you while your case is pending.
- Note: This protection depends on ICE knowing about your case, so it’s a good idea to carry proof with you at all times, like your USCIS receipt notice.
- USCIS gave you deferred action because of a pending U or T visa case. ICE should treat your deferred action as valid, and they have to notify you and give you a chance to respond before detaining or deporting you.
- You have a pending U or T visa case, you’re in ICE custody, and you’ve asked to delay your deportation order. ICE has to check with USCIS about your visa case before deporting you. You also generally have the right to request release on bond.
What risks still exist?
This ruling doesn’t stop ICE from ever detaining someone with a pending case. It brings back the older approach, where ICE generally avoided it.
This is also not the end of the case. The judge’s order is temporary, and the outcome could change.
The ruling doesn’t give anyone legal status or make USCIS decide cases any faster.
What can I do?
If you have one of these cases pending, keep copies of your USCIS receipt notices and any deferred action approval somewhere safe. Keep a copy on you at all times. Tell someone you trust where to find them.
If you or someone you know is detained, or was deported under this policy, reach out to licensed immigrant legal services provider as soon as possible.
This article is for general information only and is not legal advice.
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