Original Date Announced

USCIS released a policy memorandum (PM-602-0187) to guide the issuance of Notices to Appear (NTAs) by all USCIS employees in cases involving inadmissible and removable noncitizens. The memo states that USCIS will no longer exempt classes or categories of removable noncitizens from potential enforcement, which includes referring cases to ICE and issuance of NTAs.

The memo includes information on USCIS policies concerning NTA issuance in cases involving national security, criminal offenses, fraud and misrepresentation, temporary protected status, noncitizens not lawfully present in the United States, and certain special circumstances.

The PM directs USCIS employees to:

• obtain approval from the ICE Principal Legal Advisor before issuing an NTA alleging inadmissibility or deportability on national security grounds
• issue an NTA against removable noncitizens whose benefit request is denied or withdrawn "if they have been arrested, charged with, or convicted of a criminal offense"
• issue an NTA "in cases presenting substantiated fraud or material misrepresentation," even if "the petition or application is denied for a ground other than fraud"
• issue an NTA, after following the TPS regulatory provision procedures in 8 CFR part 244, to a noncitizen whose TPS application is denied or withdrawn and "who has no other lawful immigration status or authorization to remain in the U.S."
• coordinate with ICE and CBP regarding issuing NTAs if a country's TPS designation is terminated
• issue an NTA "where, upon issuance of an unfavorable decision on a benefit request, the [noncitizen] is not lawfully present in the United States"
• issue an NTA if a removable noncitizen "requests that an NTA be issued in order to seek lawful status or other relief in removal proceedings" only in cases presenting "compelling and exceptional circumstances"
• issue an NTA to beneficiaries of certain employment-based petitions and in certain naturalization cases.

It also states that “[p]rosecutorial discretion not to issue an NTA to a particular alien may be exercised on a case-by-case basis,” but should be done so only in “very limited and compelling instances” and in consultation with a supervisor.

Trump 2.0 [ID #1584]