USCIS Delays Implementation of NTA Memo

On June 28, 2018, the United States Citizenship and Immigration Services (USCIS) issued Policy Memorandum (PM)-602-0050.1, titled “Updated Guidance for the Referral of Cases and Issuances of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens” [PDF version]. We discussed this Memorandum in a full article on site [see article].

The PM instructed certain USCIS components to “create processes for referrals of cases, both pre- and post-adjudication, and the completion of [Referrals to ICE]” within 30 days of its issuance. However, on July 30, 2018, just over a month after the issuance of the PM, the USCIS published a news alert stating that “[i]ssuance of the operational guidance is pending…” Accordingly, the USCIS has delayed implementation of the PM until the requisite operational guidance for USCIS components is completed [PDF version].

The effect of this decision is that the USCIS's pre-existing NTA issuance policies will adhere until the operational guidance for implementing the new policy is completed. It does not appear that the USCIS intends to abridge or otherwise modify its new NTA issuance policy after the delay. We will update the website with more information on the NTA issuance issue as it becomes available. Those who want to learn about the full policy should consult our full article on the subject [see article].