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USCIS expands grounds for issuance of NTAs

  1. 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]

    See Biden administration action below.

    View Policy Document
  2. Effective Date of Change

    June 28, 2018
  3. Subsequent Action

    July 30, 2018

    On July 30, 2018, USCIS postponed implementation of the new NTA policy.

    NTA postponement
  4. Subsequent Action

    October 1, 2018

    USCIS then began implementation on October 1, 2018, but continued using old guidelines for denials of employment-based and humanitarian petitions.

    NTA Policy Implementation
  5. Subsequent Action

    November 15, 2018

    On November 15, 2018, USCIS published Q & As from its teleconference discussing the June 28 policy memo.

    USCIS Teleconference on NTA Updated Policy Guidance
  6. Biden Administration Action

    January 20, 2021

    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.

    2021.01.20 Review of and Interim Revision to Civil Immigration Enforcement and Removal Policies and Priorities
Status: Final/Actual
Type of Action: Agency Directive
Agencies Affected: ICE USCIS

Prior Policies

Subsequent Actions

Biden Administration Action

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