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Original Date Announced
June 28, 2018USCIS 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 AliensEffective Date
June 28, 2018Subsequent Trump-Era and Court Action(s)
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July 30, 2018
NTA postponement
On July 30, 2018, USCIS postponed implementation of the new NTA policy.
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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.
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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.
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Biden Administration Action: Revoked/Replaced
January 20, 20212021.01.20 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 DocumentBiden Administration Action: Revoked/Replaced
September 30, 20212021.09.30 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 DocumentCurrent Status
Not in effectMost Recent Action
September 30, 2021 Action: Revoked/Replaced 2021.09.30 Guidelines for the Enforcement of Civil Immigration LawJanuary 20, 2021Acted on by Biden Administration
September 30, 2021Acted on by Biden Administration
Original Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: Interior Hearings and Adjudications Immigrant Visas Non-Immigrant VisasAssociated or Derivative Policies
Pre Trump-Era Policies
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November 7, 2011
In the Obama administration, USCIS revised its policy to allow issuance of NTAs in enumerated cases: certain cases of fraud, misrepresentation, or abuse of public benefits, cases meeting the definition of egregious public safety (EPS) or non-EPS cases if an application is denied and the non-citizen is removable on a criminal ground, if a N-400 application is denied on good moral character grounds based on a criminal offense and the non-citizen is removable, non-citizens not lawfully present upon denial of an application, and in certain other exceptional circumstances.
USCIS Policy Memorandum 602-0050: Revised Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Removable Aliens