New USCIS Deportation Policy Has Far-Reaching Implications for Employers

xecutive Summary: In a significant policy shift, the U.S. Citizenship and Immigration Services (USCIS) recently published a new agency policy that substantially expands the authority of USCIS to put otherwise legal immigrants into deportation (also known as “removal”) proceedings. The policy vastly increases the categories of individuals to whom USCIS will issue a Notice to Appear (NTA) and significantly alters Department of Homeland Security (DHS) policy as to when USCIS, as opposed to the Immigration Customs Enforcement agency (ICE), will issue an NTA. The new policy epitomizes a dramatic shift away from the traditional role of USCIS as an immigration benefit processing agency with a service-oriented mission to one centered on immigration enforcement.