Washington, D.C. — The Trump administration announced that since U.S. Citizenship and Immigration Services published new guidance on issuing Notices to Appear (NTAs) on Feb. 28, it has initiated removal proceedings against more than 26,700 aliens with no legal basis to remain in the country.
The updated guidance, outlined in a 14-page policy alert released by USCIS on February 28, 2025, directs immigration officers to issue Notices to Appear (NTAs) — the formal document that begins removal proceedings — in a broader range of cases, including when benefit applications are denied, when fraud or criminal conduct is suspected, or when individuals lose lawful immigration status, including temporary protected status that was granted to many refugees from war-torn areas.
This sweeping update to immigration enforcement policy that significantly expands when U.S. Citizenship and Immigration Services (USCIS) must issue deportation notices, marking a shift away from the discretion-driven approach that had guided much of the agency’s recent operations.
“USCIS will issue NTAs in all cases where the individual is removable and no compelling discretionary reason exists not to do so,” the memo states.
Under previous Democratic administrations — particularly following a 2021 memo under President Biden — USCIS limited NTA issuance to serious criminal cases, national security threats, or recent unlawful border crossings. The agency had broad discretion not to refer individuals for deportation, especially in humanitarian cases or when immigrants had strong community ties.
But the new 2025 policy mandates USCIS officers to issue NTAs in many cases where they previously would not — such as:
- When conditional permanent resident status (like through marriage) is terminated
- When applications for Temporary Protected Status (TPS), asylum, or green cards are denied
- When immigration benefit requests are found to involve fraud or misrepresentation
- When individuals are arrested or convicted of crimes, even if charges are pending
The memo also states that officers must coordinate with Immigration and Customs Enforcement (ICE) in cases involving criminal activity or national security concerns. And while prosecutorial discretion is still technically allowed, the policy demands that any such decision be fully documented in the USCIS internal system, shifting the burden toward enforcement.
Immigration advocates warn that the changes may revive fear in immigrant communities, especially among individuals who previously believed that a denied visa application would not immediately lead to deportation.
Critics of the Biden administration’s earlier approach had accused USCIS of being too lenient, allowing many individuals with no legal status to remain in the country indefinitely. The new policy attempts to address those concerns by enforcing existing laws more aggressively.
Every NTA decision — including decisions not to issue one — must now be entered into the agency’s internal systems with an explanation and evidence. The goal, officials say, is uniformity and transparency.
For now, the impact of the new directive will depend on how rigorously it is implemented and whether future guidance under the current or next administration reverts to a more discretionary approach.
