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Report that ICE issues NTAs with incorrect hearing dates

  1. Original Date Announced

    September 16, 2018

    USCIS and ICE reportedly have been issuing NTAs with false dates or dates when the courts are not in fact open. Some have non-existent dates, such as Sept. 31; others list times when the courts are not in session. These incorrect NTAs have been issued to immigrants in at least 10 cities. Reports suggest that ICE did not coordinate or clear the dates with the immigration courts.

    [ID #356]

    Report: ICE gives incorrect immigration court dates Go to article on
  2. Effective Date

    September 16, 2018
  4. Biden Administration Action: Other

    June 9, 2021

    2021.06.09 ICE Interim Litigation Position Regarding Motions to Reopen in Light of the U.S. Supreme Court Decision in Niz-Chavez v. Garland

    This Biden administration action clarifies ICE's position following the resolution of litigation related to the Trump-era policy identified in this entry.

    On June 9, 2021, ICE issued guidance clarifying its litigation position regarding motions to reopen filed by individuals eligible for cancellation of removal following the Supreme Court's decision in Niz-Chavez v. Garland. The guidance states that "for 180 days from the date of the Supreme Court’s decision (i.e., until November 16, 2021), ICE attorneys handling removal cases before the Executive Office for Immigration Review (EOIR) will presumptively exercise their prosecutorial discretion to join or not oppose a motion to reopen filed by such noncitizens who demonstrate that they are prima facie eligible for cancellation of removal."

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Current Status

Not in effect
June 9, 2021
Acted on by Biden Administration

Original Trump Policy Status

Trump Administration Action: Change in Practice
Agencies Affected: ICE EOIR


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