Original Date AnnouncedJune 28, 2018
USCIS policy memorandum significantly broadens the circumstances in which USCIS may issue a Notice to Appear, without having to refer the case to ICE. Revisions are consistent with new DHS removal priorities as identified in EO 13768 which states that the federal government will no longer exempt classes or categories of removable individuals from potential enforcement. [ID #342]USCIS Policy Memorandum 602-0050.1: Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens
Effective DateJune 28, 2018
Subsequent Trump-Era and Court Action(s)
July 30, 2018
On July 30, 2018, USCIS postponed implementation of the new NTA policy.View Document
October 1, 2018
NTA Policy Implementation
USCIS then began implementation on October 1, 2018, but continued using old guidelines for denials of employment-based and humanitarian petitions.View Document
November 15, 2018
USCIS Teleconference on NTA Updated Policy Guidance
On November 15, 2018, USCIS published Q & As from its teleconference discussing the June 28 policy memo.View Document
Biden Administration Action: Revoked/ReplacedJanuary 20, 2021
2021.01.20 Review of and Interim Revision to Civil Immigration Enforcement and Removal Policies and Priorities
This Biden administration policy revokes in its entirety the Trump-era policy identified in this entry.
On January 20, 2021, DHS issued a policy memo reverting to the Obama-era guidance.View Document
Biden Administration Action: Revoked/ReplacedSeptember 30, 2021
2021.09.30 Guidelines for the Enforcement of Civil Immigration Law
This Biden administration policy replaces the January 20, 2021 interim guidance.
On September 30, 2021, DHS Secretary Mayorkas issued a memorandum explaining that DHS should use prosecutorial discretion to focus enforcement on individuals who pose a threat to national security, public safety, and border security. The memo contextualizes this prioritization with analysis of the undocumented population within the U.S., the executive's discretion in this area, and the need to protect against civil rights and civil liberties abuses.
This guidance will go into effect on November 29, 2021.View Document
Current StatusNot in effectJanuary 20, 2021
Acted on by Biden AdministrationSeptember 30, 2021
Acted on by Biden Administration