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Original Date Announced
June 28, 2018USCIS 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) RequestorEffective Date
June 28, 2018Biden 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 rescinding and suspending the Trump-era policy memo.
View DocumentBiden Administration Action: Revoked/Replaced
September 30, 20212021.09.30 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 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: Enforcement DACAAssociated or Derivative Policies
Pre Trump-Era Policies
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November 7, 2011
NTAs issued when required by statute (termination of conditional LPR status; denials of petition by entrepreneur to remove conditions; termination of refugee status; denials of NACARA or HRIFA adjustment; asylum referrals; termination of asylum; positive credible- fear findings), or national security cases. Other cases are referred to ICE (RTI).
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