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Revised NTA Policy and Delayed implementation:
USCIS has revised its NTA policy expanding the class of individuals who may be referred to ICE and issued a Notice to Appear. Under the revised policy, USCIS may now refer cases “with articulated suspicions of fraud to ICE prior to adjudication.” The implementation of this policy has been placed on hold until operational guidance is implemented by immigration.
What will the new policy do?
The new policy prioritizes the removal of aliens who are removable based on criminal or security grounds, fraud or misrepresentation, and aliens subject to expedited removal.
Prioritizes the removal of individuals who:
- (a) Have been convicted of any criminal offense;
- (b) Have been charged with any criminal offense that has not been resolved;
- (c) Have committed acts that constitute a chargeable criminal offense;
- (d) Have engaged in fraud or willful misrepresentation in connection with any official matter or application before a governmental agency;
- (e) Have abused any program related to receipt of public benefits;
- (f) Are subject to a final order of removal, but have not departed; or
- (g) In the judgment of an immigration officer, otherwise pose a risk to public safety or national security