When ICE detains a mother or father of children who live in the United States, an internal ICE policy, Directive 11064.4 (issued July 2, 2025), sets out what ICE personnel are expected to do about the children. This page summarizes that directive and ICE’s parental-interests page from the documents themselves (read October 21, 2026), then lists the Guatemalan papers a family can prepare in advance, with links to our guides for each. ICE states that the directive creates no enforceable rights. This page is general information, not legal advice; custody and guardianship are matters for a family-law attorney in your state, and the immigration case for an immigration attorney or accredited representative.
Quick summary: ICE Directive 11064.4 (July 2, 2025, replacing 11064.3 of July 14, 2022) covers parents and legal guardians who are primary caretakers of minor children in the US or who have a direct interest in family, guardianship or child welfare proceedings. ICE must ask about children at the first encounter; ICE personnel should let the parent arrange care before detention; if no one can take the children, ICE contacts child welfare or law enforcement and should not take custody of or transport the children itself. In detention: visits (a contact visit within 30 days on written request where minors’ contact visits are not provided), and help to take part in family court. Before removal: time to sign powers of attorney, passport applications and guardianship papers, and help with travel documents if the children go too. ICE line: 1-888-351-4024 (state that it is a Parental Interests Inquiry). Directive and ICE page read October 21, 2026.
Who the directive covers
ICE’s parental-interests page (updated 08/11/2025) defines Covered Individuals as alien parents or legal guardians who are (1) primary caretakers of minor children in the United States, and/or (2) people who have a direct interest in family or probate court, guardianship or child welfare proceedings involving a minor child. The directive replaces ICE Directive 11064.3 of July 14, 2022.
ICE’s page includes a no-private-right statement: the directive “provides only internal ICE policy guidance, which may be modified, rescinded, or superseded at any time without notice”. Read the steps below as what ICE says its personnel should do, not as rights a court will enforce.
What the directive says, moment by moment
| Moment | What Directive 11064.4 says | Section |
|---|---|---|
| First encounter | Procedures must require ICE personnel to “affirmatively inquire about parental or legal guardian status upon ICE’s first encounter with an alien” | 5.1 |
| At arrest, care arranged by the parent | Absent indications of abuse or neglect, ICE personnel should accommodate the parent’s efforts to make alternative care arrangements before detention, and must record the handover to an identified third party in the A-file | 5.2(1) |
| At arrest, no one available | ICE personnel must contact the local child welfare authority or law enforcement agency to take custody of the children | 5.2(2) |
| Who takes the children | ICE personnel should not take custody of or transport the children (unless the enforcement action is against the children) and should stay until the third party or child welfare takes custody | 5.2(3) |
| Family court | Where practicable, ICE arranges in-person, video or teleconference participation when the parent must appear to keep or regain custody, after timely notice to ICE | 5.4 |
| Visits | ICE will facilitate regular visitation; where minors’ contact visits are not provided, a contact visit within the first 30 days of detention on written request | 5.5 |
| Before removal | A reasonable opportunity to consult a legal representative and contact consulates, notaries, courts and family to sign documents and buy tickets | 5.6(2) |
| Leaving without the children | The parent must give ICE a written statement of the decision; if the parent declines, ICE personnel should obtain a sworn statement | 5.7(2) |
At the arrest: arranging care
Section 5.2(1) says: “ICE personnel should accommodate a Covered Individual’s efforts to make alternative care arrangements for their minor child(ren) prior to detention”. The decision to hand physical custody to an identified third party is documented in the parent’s A-file and ICE’s data system. If the parent cannot make an arrangement at the time of arrest, or there is an indication of abuse or neglect by the adult who might take the children, section 5.2(2) says ICE personnel must contact the local child welfare authority or law enforcement agency to take custody.
The directive lists three ICE forms as attachments, including ICE Form 71-078, Caregiver Designation at Arrest. The other two are Form 71-076, Pre-Removal Parental Election, and Form 71-080, Pre-Removal Review.
Section 5.2 turns on whether the parent can name, at that moment, someone able to take the children. That is the part a family can settle ahead of time.
During detention: visits and family court
Section 5.5 says ICE will facilitate a means of regular visitation with the minor children. At facilities with no provision for contact visits by minors, the directive’s field contacts “must arrange, upon written request, for a contact visit by a minor child within the first 30 days of detention”. After that, ICE personnel must consider a written request for transfer to a facility that allows such visits, when operationally feasible, and coordinate monthly visits if a transfer is not approved.
Section 5.4 covers family court: where practicable, ICE arranges the parent’s in-person, video or teleconference participation in a family court, child welfare or guardianship proceeding when the parent must appear to maintain or regain custody, when the conditions in that section are met: timely notice to ICE that the parent must take part, timely evidence of the proceeding (such as a notice of hearing or court order), and, for in-person appearances, no conflict with mission needs or security as determined by ICE.
To find which facility holds a parent, ICE’s page points to its Online Detainee Locator System; how families use it is on our page on consular assistance if detained or hospitalized.
Before removal: the documents ICE says a parent can sign
Section 5.6(2) says the directive’s field contacts should, to the extent practicable, give detained parents a reasonable opportunity to consult their legal representative and a means to communicate with consulates and consular officials, notaries, courts, guardians ad litem or family members “in order to execute necessary documents ( e.g., powers of attorney, passport applications, appointments of guardians, or other permissions)”, purchase airline tickets, and make other preparations before removal.
If the parent asks to be removed together with the children, section 5.6(1) says the field contacts should, to the extent operationally feasible, help ensure travel documents have been obtained, if necessary, for the children to accompany the parent. Section 5.6(4) lists factors ICE weighs, including custody or protection orders, whether the other parent is in the US and consents, and whether a child who has or is pursuing lawful status or US citizenship consents to going.
ICE’s fact sheet for child welfare stakeholders (July 2025) adds that, subject to security considerations, the parent’s removal itinerary may be shared with stakeholders to coordinate travel for the children, and that in all law libraries parents and legal guardians have access to forms from all 50 states for delegating their parental authority.
The Guatemalan papers to have ready
The directive talks about powers of attorney, passport applications and travel documents. For a Guatemalan family, these are the matching Guatemalan papers, each with its own guide on this site:
| Paper | Where the directive touches it | Our guide |
|---|---|---|
| Guatemalan birth registration for a US-born child (RENAP, through the consulate) | Travel documents if the children go with the parent (5.6(1)) | Register a US-born child as Guatemalan |
| Guatemalan passport for the child | Passport applications (5.6(2)) | Guatemalan passport from the USA |
| Poder (power of attorney) signed at a Guatemalan consulate, for acting in Guatemala | Powers of attorney (5.6(2)) | Poder consular |
| Moving to Guatemala with US-born children | Reunification and removal with the children (5.6(1)) | Returning with US-born kids |
The poder consular guide covers powers of attorney for acting in Guatemala. For children who stay in the United States, the fact sheet’s reference to state forms for delegating parental authority is the place to start a conversation with a family-law attorney.
Contacting ICE about a detained parent
ICE’s parental-interests page says anyone may contact ICE on matters involving detained parents, including the parents themselves, family courts, child welfare workers and attorneys:
| Channel | What ICE says |
|---|---|
| Detention Reporting and Information Line (DRIL) | 1-888-351-4024, 8 a.m. to 8 p.m. EST, Monday to Friday; say the request is a Parental Interests Inquiry; bilingual English/Spanish operators |
| ERO contact form | For case inquiries involving child protective services, family court or child welfare; select Parental Interests as the type of inquiry |
| Local Community Relations Officer | For inquiries about the directive |
| ERO field office where the parent is held | To reach the parent or the deportation officer |
Get qualified help
ICE’s directive describes ICE’s internal procedures. For the immigration case, talk to a licensed immigration attorney or an accredited representative of an organization recognized by the Justice Department’s Executive Office for Immigration Review (EOIR); our notario fraud guide explains how to check both. For custody and guardianship of children who stay in the US, the directive itself says it does not authorize ICE personnel to decide disputed rights between parents; that is for a family-law attorney and a state court. The Guatemalan consulate for your area is on the consulate finder; from Guatemala, MINEX’s FAQ (read September 23, 2026) gives the Dirección de Asuntos Consulares line, 2410-0000, extension 1502.
Related pages
- If ICE stops you: what the regulations say officers must do at a stop or arrest.
- ICE check-in appointments.
- Consular assistance if detained or hospitalized.
- Cancellation of removal after 10 years: the hardship to a US-citizen or permanent-resident child is part of the test.
Sources
- ICE, ICE Detained Parents Directive (parental interests page, updated 08/11/2025): https://www.ice.gov/detain/parental-interest
- ICE Directive 11064.4, Detention and Removal of Alien Parents and Legal Guardians of Minor Children (July 2, 2025): https://www.ice.gov/doclib/foia/policy/11064.4.pdf
- ICE, Fact Sheet for Child Welfare Stakeholders (July 2025): https://www.ice.gov/doclib/detention/parentalInterest/factsheetChildWelfareStakeholders.pdf
- MINEX, Preguntas frecuentes (read September 23, 2026): https://www.minex.gob.gt/din/30-preguntas-frecuentes
ICE sources read October 21, 2026. General information, not legal advice.
Frequently Asked Questions
What happens to my children if ICE detains me?
ICE Directive 11064.4 says that, absent signs of abuse or neglect, ICE personnel should accommodate a parent’s efforts to make alternative care arrangements for minor children before detention, and must record the decision to hand the children to an identified third party. If the parent cannot arrange care at the time of arrest, ICE personnel must contact the local child welfare authority or law enforcement agency to take custody. The directive says ICE personnel should not take custody of or transport the children unless ICE is taking an enforcement action against the children themselves.
Who counts as a covered parent under ICE's directive?
ICE’s page defines Covered Individuals as alien parents or legal guardians who are primary caretakers of minor children in the United States, or who have a direct interest in family or probate court, guardianship, or child welfare proceedings involving a minor child.
Can my children visit me in ICE detention?
The directive says ICE will facilitate a means of regular visitation. At facilities with no provision for contact visits by minors, the directive’s field contacts must arrange, upon written request, a contact visit within the first 30 days of detention; after that, ICE must consider a written request for transfer to a facility that allows such visits, and coordinate monthly visits if a transfer is not approved.
Can I sign a power of attorney or a passport application for my child while detained?
Section 5.6 of the directive says that, to the extent practicable, detained parents should get a reasonable opportunity before removal to consult their legal representative and to communicate with consulates, notaries, courts and family members to execute documents such as powers of attorney, passport applications and appointments of guardians, and to buy airline tickets.
Can I take my US-born children with me if I am deported to Guatemala?
The directive says ICE field contacts should, to the extent operationally feasible, help a parent with a final removal order who asks for reunification and removal with the children to make sure travel documents have been obtained, if necessary, for the children to accompany them. Factors include custody orders, the other parent’s consent, and the consent of a child who has or is pursuing lawful status or US citizenship. Parents who leave children in the US must give ICE a written statement of that decision.
How do I contact ICE about a detained parent?
ICE’s parental interests page says to call the Detention Reporting and Information Line at 1-888-351-4024, 8 a.m. to 8 p.m. EST, Monday to Friday, and to say the request is a Parental Interests Inquiry; bilingual English/Spanish operators are available. Case inquiries involving child protective services or family court can go through the ERO contact form, selecting Parental Interests.
