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USCIS retains NTA policy for DACA requestors

  1. Original Date Announced

    June 28, 2018

    USCIS will continue to follow the existing DACA information-sharing policy regarding any information provided in a DACA request or DACA-related benefit. Adjudicators must refer to PM 602-0050, Revised Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Removable Aliens, to determine whether an RTI (Referral to ICE) or NTA should be issued to DACA requestors or DACA grantees. When processing a non-DACA-related application, petition, or request, adjudicators must refer to PM 602-0050 to determine whether any information submitted by a DACA requestor in connection with a DACA request or DACA-related application may be included in or relied on to generate NTAs or RTIs. [ID #343]

    USCIS PM-606-0161: Guidance for the Referral of Cases and Issuance of Notices to Appeal (NTAs) When Processing a Case Involving Information Submitted by a Deferred Action for Childhood Arrivals (DACA) Requestor
  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 rescinding and suspending the Trump-era policy memo.

    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 revokes and modifies the Trump-era policy identified in this entry.

    On September 30, 2021, DHS Secretary Mayorkas issued a memorandum explaining that ICE should use prosecutorial discretion to focus its 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
Subject Matter: Enforcement DACA
Agencies Affected: ICE USCIS

Pre Trump-Era Policies

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