The first key takeaway is that the memo expands USCIS’s authority to issue notices to appear. USCIS was seen as the service branch of DHS and when USCIS deemed that someone was removable, they would refer the applicant’s case to ICE which is the enforcement branch of DHS. Now, under the new guidance, USCIS will be able to issue an NTA upon denial of an application for immigration benefits if the person is deemed removable.
The second key takeaway affects the category of individuals to whom USCIS may issue a notice to appear. The new memo includes language that is extremely broad and basically states that USCIS may issue a notice to appear to any individual who is not lawfully present at the time an immigration benefit is denied.