US Immigration and Customs Enforcement (ICE) Thursday released a new immigration directive  governing the detention of minors, incapacitated adults and their guardians. The new Biden administration directive will replace the Trump-era directive on minors and their families from 2017.

The prior directive, which has been in force since April 2017, was created in response to the controversial family separation policy practiced earlier in the Trump administration, which reports say has led to children being separated from their parents for years. It required ICE officials to respect and follow all family court proceedings to the best of their ability. It also protected family visitation rights by requiring compliance with court mandated visitations, including virtual visitations. However, it did not require ICE officials to inquire as to the parental status of detainees and did not include incapacitated adults.

The new directive requires ICE officials to ask every detainee or non-citizen they encounter what their parental status is. It also requires that if a parent or guardian must be detained, that they are detained in a facility that is conducive to visitation if appropriate. While it does allow for those subject to removal proceedings to return for family court proceedings, it requires those who have been removed to personally finance their return and does not allocate government funds to assist. Finally, it requires extensive trainings for ICE officials at all levels to properly enforce the newest guidelines.

ICE acting director Tae D. Johnson, celebrated the new guidelines, stating:

In the course of their duties, our officers and special agents will preserve family unity and the parental rights of noncitizen parents and legal guardians to the greatest extent possible. ICE will ensure that our civil immigration enforcement activities do not unnecessarily disrupt or infringe upon the parental or guardianship rights of noncitizen parents or legal guardians of minor children or incapacitated adults.