Two New USCIS Policy Memos re Issuance of Notices to Appear (June 28, 2018)

Two New USCIS Policy Memos re Issuance of Notices to Appear (June 28, 2018)

PM-602-0050.1 - "This Policy Memorandum (PM) outlines how U.S. Citizenship and Immigration Services’ (USCIS) Notice to Appear (NTA) and referral policies implement the Department of Homeland Security’s (DHS) removal priorities, including those identified in Executive Order 13768, and it provides updates to USCIS’ guidelines for referring cases and issuing NTAs. This PM supersedes 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, dated November 7, 2011."

PM-602-0161 - "This Policy Memorandum (PM) confirms and clarifies which Notice to Appear (NTA) and referral policies apply: (1) to DACA requestors when processing a DACA request or DACArelated benefit request, 1 and (2) to DACA recipients when the Federal Government is seeking to terminate DACA. This PM is issued in conjunction with the memorandum titled Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens, dated June 28, 2018, (General NTA PM) which is applicable to all cases before United States Citizenship and Immigration Services (USCIS), except as noted in this PM and other USCIS policy or guidance documents. This PM also provides guidance on when information submitted by a DACA requestor in connection with a DACA request or a DACA-related benefit request (past or pending) may be included in or relied upon to generate NTAs or Referrals to ICE (RTIs) in connection with the adjudication of a nonDACA-related benefit request pursuant to the General NTA PM. Finally, this PM confirms that, notwithstanding the General NTA PM, existing USCIS policy regarding the use or sharing of information provided to USCIS by DACA requestors remains in effect."