Resources on USCIS’s NTA Guidance

Last Updated

February 16, 2021

On its first day in office, the Biden administration rescinded two U.S. Citizenship and Immigration Services policies that had expanded the situations where a removable noncitizen’s applying for an immigration benefit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.

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CLINIC Analysis of Current NTA Guidance

USCIS Policy Memoranda on Notices to Appear Issuance

CLINIC Analysis of Previous (Now Rescinded) USCIS NTA Guidance