Immigration Enforcement

On September 27, the USCIS Office of Public Engagement hosted a live teleconference to inform the public how the agency will implement its new policy, or policy memorandum (PM), issued on June 28, 2018, “Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens.”  The policy aligns USCIS operations with Executive Order 13768: Enhancing Public Safety in the Interior of the United States.

The NTA requires the recipient to appear in court before an immigration judge, and is the first step in removal, or deportation, proceedings. After a brief overview of the new NTA policy, which supersedes previous 2011 USCIS guidance on the same topic, USCIS presented a Q&A series from more than 100 questions received by stakeholders. The USCIS teleconference participants represented a broad spectrum of the agency’s divisions including USCIS Field Operations, Policy, and Office of Chief Counsel.  USCIS also announced that the agency will soon host a public webpage about the new NTA policy implementation, and that information conveyed during the teleconference would soon be available in the USCIS electronic reading room.

The top 10 takeaways of the USCIS teleconference regarding its new NTA policy implementation include the following points: Continue Reading Top 10 NTA Takeaways: USCIS Goes Live to Reveal Implementation Plans of New DHS Deportation Policy

As anticipated by an earlier blog post, and after a couple of months of internal planning, USCIS is ready to announce its implementation plan related to the agency’s new Notice to Appear (NTA) policy guidance.  On Thursday, September 27, Mayer Brown’s Global Mobility and Migration practice will eagerly join a live USCIS teleconference entitled “Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens”.  The dialogue will enable our attorneys to immediately learn and question how broadly USCIS plans to interpret its upcoming interpretations of NTA guidance that may warrant deportation proceedings.  As previously shared, USCIS officers will soon issue NTAs on a wider range of cases where an individual is removable and there is evidence of fraud, criminal activity, or where an applicant is denied an immigration benefit and is unlawfully present in the United States. The USCIS teleconference should also share more insight regarding the Department of Homeland Security’s removal priorities per Executive Order 13768, Enhancing Public Safety in the Interior of the United States. More to come from The Mobile Workforce on this topic.

USCIS Broadens Categories for Deportation Under New Policy Guidance and Will Issue Notices of Appearance 

On June 28, the U.S. Citizenship and Immigration Service (USCIS) issued new policy guidance that expands the circumstances under which an adjudicator will generate a Notice to Appear (NTA), a charging document that commences removal proceedings and the deportation process, and instructs its recipient to appear before an immigration judge.  The guidance broadens USCIS authority to initiate NTAs in cases of fraud, criminal activity, or when an immigrant applicant is denied an immigration benefit and accrues unlawful presence.  The guidance aligns the agency with current immigration enforcement priorities under Executive Order 13768, Enhancing Public Safety in the Interior of the United States.

Traditionally, under 2011 policy guidance, USCIS referred deportation matters to Immigration Customs Enforcement (ICE). Now, USCIS will issue NTAs on its own. The new guidance also states that “USCIS will issue an NTA where, upon issuance of an unfavorable decision on an application, petition, or benefit request, the alien is not lawfully present in the United States”. Thus, applicants for U.S. citizenship, green card, or extension or change of status petitions who are ultimately denied could face deportation, whether they are business visitors, H-1B visa holders, or international students.

This policy shift may impact the American workplace if immigrant workers facing deportation lose their jobs due to deportation, and employers must rehire.

To compound the increase of deportation proceedings that the policy might spark, immigration courts and judges currently face over 700,000 backlog cases, almost double the 400,000 cases held in 2014 by the U.S. Department of Justice Executive Office of Immigration Review.

The new USCIS guidance exempts most Deferred Action for Childhood Arrivals recipients.

Mayer Brown counsel Lisa Pino was quoted in an article featured in The California Lawyer Daily Journal discussing the uptick in Immigration and Customs Enforcement (“ICE”) worksite investigations, which have doubled since October 2017.  This increase aligns with the Trump Administration’s immigration policy priorities, published in late 2017, to hire 10,000 more ICE officers and 300 Federal prosecutors.  Pino advises employers to focus on compliance, mitigate risk, and adopt best practices to better manage the  immigration needs for their workforce.

Read the article.