On its first day in office, the Biden administration rescinded two U.S. Citizenship and Immigration Services, or USCIS, policies that had expanded the situations where a removable noncitizen’s applying for an immigration benefit would result in them being placed into removal proceedings. The Biden administration reinstated the prior policy on this subject, from 2011. This article summarizes the main components of the 2011 policy that is now in effect, regarding in what situations USCIS will initiate removal proceedings against a noncitizen as a result of their applying for an immigration benefit.

On its first day in office, the Biden administration rescinded two U.S. Citizenship and Immigration Services policies that had expanded the situations where a removable noncitizen’s applying for an immigration benefit would result in them being placed into removal proceedings. The Biden administration reinstated the prior policy on this subject, from 2011. The now-operative 2011 guidance restores the previous policy whereby USCIS takes enforcement actions sparingly and in specific situations.