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USCIS expands grounds for issuance of NTAs

  1. Original Date Announced

    June 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
  2. Effective Date

    June 28, 2018
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  4. Biden Administration Action: Revoked/Replaced

    January 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
  5. Biden Administration Action: Revoked/Replaced

    September 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 Status

Not in effect
January 20, 2021
Acted on by Biden Administration
September 30, 2021
Acted on by Biden Administration

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Agency Directive
Agencies Affected: ICE USCIS

Pre Trump-Era Policies

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