USCIS New Notice to Appear (NTA) Policy

March 4, 2025

On February 28, 2025, USCIS issued a policy memorandum regarding the issuance of Notices to Appear (NTAs) in cases involving inadmissible and deportable foreign nationals. The NTA is a document that informs an individual that they have been placed in removal proceedings and must appear before an Immigration Judge. The memorandum states, “USCIS will no longer exempt classes or categories of removable aliens from potential enforcement, which includes referring cases to ICE and issuance of NTAs.” USCIS can issue NTAs in the following circumstances: NTA Issuance Required by Statute or Regulation; National Security Cases; Criminal Cases; Fraud and Misrepresentation; Temporary Protected Status; Aliens Not Lawfully Present in the United States or Subject to Other Grounds of Removability; Special Circumstances involving NTA Issuance; and Prosecutorial Discretion. Each aforementioned category lists instances where an NTA can be issued. Some of the instances are explained below, this is not an exhaustive list of instances. Please refer to the policy memorandum to review the guide for USCIS employees issuing NTAs.

USCIS can issue an NTA to individuals whose refugee status has been terminated, to asylum referrals, and to people with positive credible fear determinations. NTAs will also be issued to foreign nationals who are seen as a danger to national security and to those who are viewed as a threat to public safety.

If the DHS Secretary terminates a country’s TPS designation, “certain former beneficiaries who have been granted TPS under that country’s designation, but who do not have other lawful immigration status or authorization to remain in the United States, become subject to removal.”

Examples of the Special Circumstance involving the NTA issuance are as follows: foreign national request NTA to seek lawful status or another form of relief; asylum applicant withdraws their application; expedited removal cases referred for credible fear screening; asylum applicants who were issues denials while in lawful status whose lawful status has expired; where an individual’s parole under INA 212(d)(5)(A) has expired or terminated and the individual does not have lawful status; and certain naturalization cases where the applicant could be eligible to naturalize but is deportable.

If you have any questions about how this might affect your case, please contact your attorney directly. To schedule a new consultation with one of our attorneys, please complete our consultation request form.

 

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