Introduction
On February 28, 2025, U.S. Citizenship and Immigration Services (USCIS) has updated its policy on issuing Notices to Appear (NTAs) claiming that the change ensures the enforcement of immigration laws, enhances national security, and upholds public safety. This memorandum outlines the key changes and procedures guiding USCIS personnel in determining when and how NTAs should be issued. It is crucial to hire an experienced immigration attorney to navigate the complexities of the new policy.
Understanding the Notice to Appear (NTA)
An NTA (Form I-862) is a legal document that:
- Directs an individual to appear before an Immigration Judge.
- Outlines the legal basis and factual allegations for removal proceedings.
- Identifies charges of inadmissibility or deportability under the Immigration and Nationality Act (INA).
- Initiates the formal process of removal proceedings in Immigration Court.
USCIS, along with U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP), has the authority to issue NTAs and initiate removal proceedings.
Click here to view the official NTA Form Form I-862
When Does USCIS Issue an NTA?
1. Mandatory NTA Issuance
USCIS must issue an NTA in cases required by law, including:
- Termination of Conditional Permanent Residence: Denial of Form I-751 (Petition to Remove Conditions on Residence) or Form I-829 (Investor Petitions).
- Termination of Refugee Status: If a refugee’s protection status is revoked.
- Denials under the Haitian Refugee Immigration Fairness Act (HRIFA): When applicants fail eligibility criteria.
- Asylum and Credible Fear Cases: Includes referrals for denial of asylum and NACARA 203 applications where relief is not granted.
- Cases Involving Deportable Aliens: Where USCIS has determined that an individual is removable based on specific grounds defined by law.
2. National Security Cases
USCIS prioritizes NTAs for individuals who pose a national security risk, such as those engaged in:
- Terrorist activities.
- Espionage or intelligence-related activities.
- Other INA 212(a)(3) and INA 237(a)(4) violations that pose a national security threat.
3. Criminal Cases
NTAs will be issued for applicants with:
- Serious criminal offenses, including aggravated felonies.
- Convictions or arrests that impact immigration eligibility.
- Charges that align with public safety threats, including violent crimes, drug trafficking, or organized crime affiliations.
4. Fraud and Misrepresentation
To protect the integrity of the immigration system, NTAs are issued in cases where applicants commit fraud, including:
- Providing false documents or information.
- Engaging in identity fraud.
- Misrepresenting eligibility for immigration benefits.
- Committing marriage fraud or falsely claiming U.S. citizenship.
5. Temporary Protected Status (TPS) Cases
If TPS is denied, withdrawn, or terminated and the applicant has no other legal status, an NTA will be issued unless a law enforcement agency intervenes. NTAs may also be issued in cases where TPS beneficiaries fail to re-register properly or violate immigration status regulations.
6. Cases Involving Unlawful Presence
When a benefit request is denied, USCIS will issue an NTA if the applicant has no lawful immigration status and is subject to removal proceedings. This includes cases where individuals remain in the U.S. beyond their authorized stay or violate visa conditions. It is crucial to maintain lawful status to avoid severe consequences, as individuals who are no longer lawfully present may face removal proceedings.
7. Special Circumstances
NTAs may be issued in unique cases, including:
- Requests for removal proceedings to obtain legal relief, such as adjustment of status.
- Family unification for asylum dependents.
- Rescinded asylum status due to noncompliance or fraud.
- Denial of a Green Card renewal application due to abandonment of lawful permanent residence.
- Cases where the applicant is ineligible for a particular immigration benefit but does not have another valid immigration status.
Exceptions & Prosecutorial Discretion
In rare cases, USCIS may exercise prosecutorial discretion not to issue an NTA. These discretionary decisions are based on:
- Humanitarian concerns, such as cases involving minors or individuals with severe medical conditions.
- Law enforcement deconfliction, ensuring NTAs do not interfere with ongoing investigations.
- National security interests, where other federal agencies are involved in a case.
- Pending federal litigation, where the issuance of an NTA could impact ongoing legal proceedings.
Each decision must be recorded in official USCIS systems for transparency and accountability.
Learn More About Prosecutorial Discretion: DHS Guidance
Implementation & Tracking
To ensure consistency, USCIS:
- Requires NTAs to be documented in the agency’s tracking systems.
- Provides training for officers handling NTA cases.
- Maintains coordination with ICE and CBP for enforcement actions.
- Implements a standardized review process to evaluate whether NTAs are issued correctly and lawfully.
USCIS employees play a crucial role in documenting and tracking NTAs, ensuring that all actions comply with the latest policy memorandum.
Data and Reporting:
USCIS will track all NTAs issued and monitor trends in:
- Removal proceedings initiation.
- Fraud prevention.
- National security concerns.
- Criminal activity among applicants.
This data will help improve enforcement strategies and policy development.
This updated policy claims that it helps USCIS maintain the integrity of the immigration system while prioritizing national security and public safety. It also claims to allow for the appropriate exercise of discretion in issuing NTAs, ensuring that enforcement actions align with federal priorities and legal requirements.
For more information, visit:
Contact USCIS: USCIS Contact Center
FAQs on February 28, 2025, USCIS Policy Memorandum PM-602-0187
1. What is a Notice to Appear (NTA)? An NTA is a formal document issued by the Department of Homeland Security (DHS) that commences removal (deportation) proceedings against a noncitizen. It outlines the allegations and charges of removability and specifies the date and location for the individual to appear before an immigration judge.
2. What prompted the issuance of the February 28, 2025, policy memorandum by USCIS? The memorandum aims to enhance the enforcement of immigration laws by expanding the circumstances under which USCIS will issue NTAs, thereby aligning with DHS’s priorities to strengthen national security and public safety.
3. Under what circumstances will USCIS issue an NTA according to the new policy? USCIS will issue NTAs in the following situations:
- Fraud or Misrepresentation: Cases where fraud or material misrepresentation is substantiated, even if the benefit request is denied for other reasons.
- Criminal Conduct: Instances where the individual has been charged with or convicted of a criminal offense, or has committed acts that are chargeable as a criminal offense, regardless of whether the criminal conduct was the basis for the denial or ground of removability.
- Denials Leading to Unlawful Presence: When an application or petition is denied, and the individual is unlawfully present in the United States as a result.
National Security Concerns: Cases involving individuals suspected of terrorist activities, espionage, or other actions that pose a threat to national security.
4. Does this policy affect recipients of Deferred Action for Childhood Arrivals (DACA)? No, the updated NTA policy does not apply to DACA recipients or requestors when processing an initial or renewal DACA request or DACA-related benefit request, or when processing a DACA recipient for possible termination of DACA. USCIS will continue to apply the 2011 NTA guidance to these cases.
5. How does this policy impact individuals applying for humanitarian protections, such as U or T nonimmigrant status, or relief under the Violence Against Women Act (VAWA)? The policy does not specifically address changes to NTA issuance for applicants of humanitarian protections. However, individuals applying for such benefits should ensure compliance with all legal requirements and maintain lawful status during the application process to mitigate potential risks.
6. Will USCIS issue an NTA if an application is denied due to abandonment or withdrawal? Yes, USCIS may issue an NTA in cases where an application or petition is denied due to abandonment or withdrawal, provided the individual is removable and there is evidence of fraud or misrepresentation in the record.
7. What should individuals do if they receive an NTA under this policy? Recipients of an NTA should promptly seek legal counsel from a qualified immigration attorney to understand their rights, obligations, and potential defenses in removal proceedings.
8. How does this policy affect individuals with pending applications who have criminal records? Individuals with pending applications and criminal records may be at increased risk of receiving an NTA. It’s crucial for such individuals to consult with legal counsel to assess the implications of their criminal history on their immigration status.
9. Are there any exceptions to NTA issuance under this policy? While the policy broadens the scenarios for NTA issuance, USCIS retains discretion and may consider factors such as humanitarian circumstances or law enforcement interests when determining whether to issue an NTA.
10. How does this policy align with previous NTA guidance? This policy supersedes certain previous guidance by expanding the categories of cases where USCIS will issue NTAs, reflecting a shift toward stricter enforcement of immigration laws.
11. Will USCIS issue an NTA for cases involving public benefits fraud? Yes, USCIS will issue an NTA in cases where there is evidence that an individual abused any program related to the receipt of public benefits, even if the case is denied for reasons other than fraud.
12. Does the policy address the timing of NTA issuance following a denial? The policy indicates that USCIS will issue an NTA upon denial of an application or petition when the individual is removable, but it does not specify exact timelines for issuance.
13. How does this policy affect individuals with Temporary Protected Status (TPS)? The policy does not change NTA or notification procedures for TPS cases as described in 8 CFR part 244. However, if USCIS denies an initial TPS application or re-registration, or withdraws TPS, and the individual has no other lawful immigration status, USCIS may issue an NTA following the final determination.
14. Are employment-based petitions affected by this policy? The policy does not explicitly address employment-based petitions. However, individuals with denied employment-based petitions who lack lawful status may be subject to NTA issuance.
15. How does this policy impact naturalization applicants? USCIS will issue an NTA if a Form N-400, Application for Naturalization, is denied on good moral character grounds because of a criminal offense.
16. What are the consequences of failing to appear after receiving an NTA? Failure to appear for a scheduled immigration court hearing after receiving an NTA can result in an in absentia removal order, leading to deportation and potential bars from re-entering the United States.
17. Can individuals request USCIS to issue an NTA for strategic reasons? In limited circumstances, a removable individual may request that USCIS issue an NTA to seek lawful status or other relief in removal proceedings. Such requests are generally disfavored and are subject to
18. Why is it important for foreign nationals and their employers to understand the implications of the new policy? It is crucial for foreign nationals and their employers to understand the implications of the new policy changes regarding NTAs. These changes can significantly impact their legal status and ability to remain in the United States. Employers should take proactive steps to ensure compliance with immigration laws to avoid legal complications for their foreign national employees. Understanding these policies helps in taking necessary actions to maintain lawful status and avoid potential removal proceedings.
Conclusion: Protect Your Immigration Status with Expert Legal Guidance
Navigating the complexities of immigration law—especially under the latest USCIS policy updates on Notices to Appear (NTAs)—can be challenging and overwhelming. Whether you are facing an NTA, concerned about the impact of a denied application, or simply want to ensure compliance with evolving immigration regulations, the Herman Legal Group is here to help.
With decades of experience advocating for immigrants, our team of dedicated attorneys provides personalized legal strategies tailored to your unique circumstances. We understand the nuances of USCIS policies and are committed to protecting your rights, guiding you through removal proceedings, and helping you secure the best possible outcome for your case.
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