On its first day in office, the Biden administration rescinded two U.S. Citizenship and Immigration Services policies that had expanded the situations where a removable noncitizen’s applying for an immigration benefit would result in them being placed into removal proceedings. The Biden administration reinstated the prior policy on this subject, from 2011. The now-operative 2011 guidance restores the previous policy whereby USCIS takes enforcement actions sparingly and in specific situations.

Latest News:

CLINIC Analysis of Current NTA Guidance

• Biden Administration Rescinds 2018 USCIS Notice to Appear Guidance
• Jan. 20, 2021 DHS Memo Rescinding the 2018 USCIS NTA Guidance and Restoring the 2011 NTA Guidance

USCIS Policy Memoranda on Notices to Appear Issuance

• CURRENT POLICY: USCIS November 7, 2011 Policy Memo: Revised NTA Guidance | November 7, 2011
• RESCINDED: USCIS June 28, 2018 Policy Memo: Updated NTA Guidance | June 28, 2018
• RESCINDED: USICS June 28, 2018 Policy Memo: Guidance on DACA and NTAs | June 28, 2018

CLINIC Analysis of Previous (Now Rescinded) USCIS NTA Guidance

• OUTDATED: CLINIC Practice Pointer on the 2018 USCIS NTA Guidance Memo | July 31, 2018