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In the United States, thousands of undocumented immigrants face a devastating dilemma: report a crime and risk deportation, or remain silent and protect their freedom at the cost of justice.
According to the agency AP, the administration of President Donald Trump eliminated a policy from ICE in January that protected immigrant victims of crimes.
The previous guideline instructed agents to avoid detaining or initiating deportation proceedings against those who cooperated in criminal investigations or sought protection through humanitarian visas.
Under the new directive, immigration agents can detain victims and witnesses of crimes, even if they have pending applications for U or T visas, which are designed to protect victims of serious crimes or trafficking.
Those who are detained are no longer automatically granted the option to be released during the process by ICE.
According to AP, the case of Felipe de Jesús Hernández Marcelo, a victim of an armed robbery attempt in Iowa, has garnered public attention.
After surviving gunshots to his arm and leg, he went to the police to recover his belongings, but was arrested for an old traffic fine and transferred to ICE custody.
He spent more than two months in jail without receiving adequate medical treatment, according to his lawyer, and was separated from his 9-year-old son.
The removal of protections for victims has had an immediate effect: the number of U visa applications fell by almost half in the first quarter of 2025.
Immigrant advocacy organizations warn that this is discouraging people from reporting crimes or cooperating with authorities, which undermines investigations and strengthens impunity, the cited news agency emphasized.
The changes in ICE are in response to an executive order signed by President Trump titled "Protecting the American People from the Invasion," focused on the full enforcement of immigration laws.
The memorandum detailing the new policy states that agents only need to coordinate with the police to ensure they do not interfere with investigations, but they are no longer required to look for signs of victimization.
Legal experts and human rights advocates agree that this policy is punishing individuals who should be receiving protection from the state.
They claim that many of the current detentions would have been unthinkable in previous administrations, and that now even attending a migration appointment can result in arrest.
In this new scenario, every contact with the judicial or police system can become a gateway to deportation. For many immigrants, justice is no longer a free option.
Recently, a Cuban with a criminal record was detained by ICE in Louisville, Kentucky, while attending an appointment to apply for permanent residency.
According to USCIS, the individual had a pending case before the immigration court and a history of arrests for theft and strangulation.
The agency reiterated that residence permits are only for those who comply with the law, emphasizing its stance towards immigrants with a criminal record.
A few days ago, in Florida, authorities announced the revocation of the residency of an immigrant accused of serious sexual offenses against a minor.
The state prosecutor explained that the arrested individual faced charges for using computer services to solicit explicit content and sending disturbing images to a child. Additionally, he had a history of domestic violence and kidnapping.
In a context of tightening measures, ICE published a controversial message on social media encouraging citizens to report their undocumented ex-partners.
The message was supported by the Attorney General of Florida, who stated that a person who had overstayed their tourism visa was being deported.
Civil rights organizations have warned about the risk of abuse and false accusations stemming from such initiatives, especially in states like Florida and Texas, where immigration laws have become stricter in recent months.
Another alarming situation occurred when a Cuban with a deportation order in effect since 1995 was arrested at the USCIS offices in Miami while attempting to apply for his residency.
According to the agency, the arrest was carried out in coordination with ICE after confirming the expulsion order that has been pending for decades.
In this same context, another Cuban was also detained who had a deportation order from 2012, reflecting the policy of detaining immigrants with irregular migration histories, even when they appear to fulfill legal procedures with immigration authorities.
Frequently asked questions about the immigration policy of the United States and its effects on immigrants
What measures has the Trump administration taken regarding undocumented immigrants?
The Donald Trump administration has implemented stricter immigration control policies that have removed protections for undocumented immigrants, such as the ICE policy that prevented the detention of crime victims who cooperated with investigations. Additionally, raids in various economic sectors have resumed, and the enforcement of expedited deportations has intensified.
How does the removal of protections affect crime victims among immigrants?
The removal of protections discourages immigrants from reporting crimes, as they fear deportation. This weakens collaboration with authorities and may increase impunity, as many victims prefer silence to avoid deportation, even if it means sacrificing justice.
What is expedited deportation and how does it affect migrants?
Expedited deportation is a legal process that allows for the swift expulsion of immigrants without a full hearing, as long as they have not requested asylum or cannot demonstrate a credible fear of persecution. This process has been criticized for restricting access to due legal process and increasing the risk of unjust deportations.
What economic impact do ICE policies have on labor sectors in the U.S.?
ICE policies are negatively impacting key sectors of the economy that rely on immigrant labor, such as agriculture, hospitality, and construction. The loss of workers is causing a decline in business activity and an increase in uncertainty in the labor market.
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