Notice to Appear Policy Guidance to Support DHS Enforcement Priorities

A Notice to Appear (NTA) begins the removal proceedings against an alien by instructing them to appear before an immigration judge. Under a new policy enacted by the USCIS on July 5, 2018, NTAs will now be issued for a much broader range of issues. Previously, the filing of NTAs had been much more limited. Now, the USCIS is encouraged to issue NTAs in all cases involving fraud, even if the case is denied for reasons unrelated to fraud, all cases involving any criminal activity, and cases in which an applicant is unlawfully present in the United States. DACA recipients are exempt from these new policies. This change is likely to greatly increase the number of NTAs issued and the amount of aliens placed in removal proceedings clogging an already maxed out immigration court docket.

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