Expanded Use of Notices to Appear by USCIS Since February 2025

Key Takeaways

• Since February 28, 2025, USCIS issues NTAs for many immigration benefit denials, expanding removal proceedings.
• Over 26,700 NTAs issued by June 2025, with a 2,811% rise in fraud-related cases compared to prior rules.
• Applicants must seek legal advice, carefully review applications, and respond promptly to USCIS requests to avoid removal.

The expanded use of Notices to Appear (NTAs) by USCIS since February 2025 marks a major shift in how the United States 🇺🇸 handles immigration enforcement. This update explains what has changed, who is affected, when the changes took effect, what actions are required, and what these changes mean for people with pending or future immigration applications. The goal is to help readers understand the new risks and steps they need to take right now.

Summary of What Changed

On February 28, 2025, USCIS released a new Policy Memorandum (PM-602-0187) that greatly increases the situations where NTAs are issued. An NTA is a formal document that starts removal (deportation) proceedings against a noncitizen. Before this policy, NTAs were mostly used in cases involving serious crimes or fraud. Now, USCIS officers must issue NTAs in many more situations, including when most immigration benefit requests are denied—even if the person has no criminal history or was previously protected under older rules.

This policy brings back and expands Trump-era rules that President Biden had stopped. The new approach is part of a wider push by President Trump and Secretary Noem to increase immigration enforcement, end “catch and release,” and put more ICE officers in immigration courts.

Who Is Affected by the New Policy

The expanded NTA policy affects a wide range of people, including:

• Applicants for green cards, work permits, and other immigration benefits who are denied and are not lawfully present at the time of denial.
• Victims of crime and abuse applying for U Visas, T Visas, or protections under the Violence Against Women Act (VAWA).
• People accused of fraud or misrepresentation in their applications, even if the denial was for another reason.
• Applicants with certain criminal records or those arrested or charged with crimes that make them removable.
• Naturalization applicants (those applying for U.S. citizenship) who are found to be deportable for past crimes or other reasons.
• Some employment-based applicants and their family members, especially when the main applicant is also the business owner or petition signatory.

However, some groups are not affected:

• DACA (Deferred Action for Childhood Arrivals) and TPS (Temporary Protected Status) applicants are still covered by separate rules.
• Asylum referrals to immigration court follow existing laws and are not changed by this memo.

Effective Dates

• The new Policy Memorandum took effect on February 28, 2025.
• All applications denied on or after this date are subject to the expanded NTA rules.
• The policy is being enforced nationwide and applies to all USCIS field offices.

Required Actions for Applicants

Given the much higher risk of removal proceedings, anyone applying for immigration benefits should:

• Consult with an immigration attorney before filing any application, especially if there are concerns about status, past immigration history, or criminal records.
• Review all application materials carefully to avoid mistakes or incomplete information that could lead to a denial.
• Be prepared for more interviews and background checks, including social media reviews and requests for extra documents.
• Respond quickly to any USCIS requests for evidence or notices, as delays or missing information can increase the risk of denial and NTA issuance.
• Monitor case status closely and keep contact information up to date with USCIS to avoid missing important notices.

Implications for Pending and Future Applications

The expanded use of NTAs has several important effects on people with pending or future immigration cases:

1. Higher Risk of Removal Proceedings

• Any denial of an immigration benefit can now lead to an NTA and removal proceedings, even for people who were previously protected or had no criminal history.
• This includes people who were lawfully present when they applied but lost status while waiting for a decision.

2. Victim-Based Applicants Face New Risks

• U Visa, T Visa, and VAWA applicants—who are victims of crime or abuse—are now at risk of removal if their applications are denied.
• These groups had more protection under previous policies, but now must be much more careful.

3. Employment-Based Applicants and Families

• Most principal beneficiaries of employment-based petitions are exempt, but dependent family members are not.
• For example, if a spouse or child loses status during processing and the main application is denied, they could receive an NTA.

4. Naturalization Applicants with Past Issues

• People applying for citizenship who have past criminal convictions or were inadmissible when they became permanent residents are now at risk of removal if these issues are discovered during the naturalization process.

5. Increased Scrutiny and Delays

• USCIS is conducting more interviews and background checks, especially in marriage-based and victim-based cases.
• This has led to longer processing times and higher denial rates, which in turn increases the number of NTAs issued.

6. Limited Prosecutorial Discretion

• USCIS officers have very little room to decide not to issue an NTA. They can only do so in rare and compelling cases, and every exception must be documented and approved.
• This means most denials will automatically result in an NTA.

Quantitative Data and Trends

• Over 26,700 NTAs have been issued between February 28 and June 12, 2025, averaging about 1,840 NTAs per week.
• There has been a 2,811% increase in fraud-related NTAs per month compared to the previous administration.
• Each week, about 500 asylum-related and 100 TPS-related NTAs are issued.
• Processing delays and denial rates have increased, especially in marriage-based and humanitarian cases.

Step-by-Step Process for NTA Issuance (2025)

To help readers understand how the new policy works in practice, here is a simple breakdown:

1. Application Submission: You submit a request for an immigration benefit, such as a green card, work permit, or humanitarian relief.
2. USCIS Review: Your application is reviewed with extra care, including possible social media checks and more frequent interviews.
3. Denial or Adverse Action: If your application is denied and you are not lawfully present or are otherwise removable, USCIS prepares an NTA.
4. NTA Issuance: You receive a Notice to Appear (Form I-862), which officially starts removal proceedings. You can find the official Form I-862 here.
5. Immigration Court: You must appear in immigration court to fight removal or ask for relief.
6. Limited Discretion: Officers can recommend against issuing an NTA only in rare, well-documented cases.

Background and Historical Context

• In 2018, President Trump expanded NTA issuance, but President Biden rolled back these changes in 2021 to focus on threats to public safety and national security.
• The 2025 policy not only brings back the 2018 rules but goes even further, removing most exemptions and making it much harder for officers to use discretion.
• In 2024, immigration judges received new guidance on handling cases where NTAs are served but not filed, affecting how quickly cases move through the courts.

Statements from Officials and Stakeholders

• USCIS Spokesman Matthew Tragesser stated, “Under the leadership of President Trump and Secretary Noem, we have returned to commonsense NTA policies… issued tens of thousands of NTAs to restore integrity and ensure the security of our nation’s immigration system.”
• Immigration attorneys warn that the policy will scare many people away from applying for legal status, even if they qualify, and could lead to more family separations and longer detention times.
• Advocacy groups are especially worried about the impact on families, victims of crime, and people with no criminal history.

Practical Guidance and Next Steps

If you are thinking about applying for any immigration benefit, or if you have a pending application, here are some important steps to take:

• Get legal advice before applying. The risk of removal is now much higher, even for people with clean records or strong cases.
• Double-check all forms and documents. Mistakes or missing information can lead to denials and NTAs.
• Keep copies of everything you submit. This can help if you need to fight a denial or removal in court.
• Respond quickly to any USCIS requests. Delays or missed deadlines can increase your risk.
• Stay informed about policy changes. The rules may change again, and it’s important to know your rights and options.

Implications for Different Groups

• Immigrants and Families: The new policy means that even small mistakes or changes in status can lead to removal proceedings. Families with mixed-status members are especially at risk.
• Employers: While most employment-based petitions are exempt, employers should be aware that their employees’ family members may not be protected.
• Students and Victims: Students who lose status and victims of crime or abuse must be extra careful, as they now face higher risks if their applications are denied.

Future Outlook

• The administration has signaled that enforcement will continue to increase, with more ICE officers in courts and possible new registration rules for immigrants.
• Advocacy groups are preparing legal challenges, especially for vulnerable groups and those denied due process.
• Immigration attorneys recommend staying alert for new policy updates and seeking legal help before dealing with USCIS.

Where to Find Official Information and Help

• The full text of the new Policy Memorandum (PM-602-0187) is available on the USCIS website.
• For news and updates, check the USCIS Newsroom.
• For legal help, contact immigration attorneys or local legal aid organizations. Some resources include Darian Immigration Law, PC (914-885-3961), USAHello, and CLINIC Legal.
• For more analysis and updates, VisaVerge.com reports that the expanded NTA policy has fundamentally changed the risks and realities of legal immigration in the United States 🇺🇸 as of July 2025.

Key Takeaways

• The expanded use of Notices to Appear (NTAs) by USCIS since February 2025 means that almost any denial of an immigration benefit can now lead to removal proceedings.
• The new Policy Memorandum (PM-602-0187) covers a much wider range of cases, including victims of crime, family members, and people with no criminal history.
• Prosecutorial discretion is now extremely limited, so most denials will result in an NTA.
• Applicants should seek legal advice, check all documents carefully, and stay informed about ongoing policy changes.
• The risks for immigrants and their families are now much higher, and the need for careful planning and legal support has never been greater.

By understanding these changes and taking the right steps, applicants can better protect themselves and their families during this period of increased immigration enforcement.

Learn Today

Notices to Appear (NTA) → Official documents starting removal proceedings against noncitizens after immigration benefit denial.
Policy Memorandum (PM-602-0187) → USCIS directive issued February 28, 2025, expanding circumstances for issuing NTAs.
Removal Proceedings → Legal process where immigrants fight deportation in immigration court.
Prosecutorial Discretion → Limited authority of USCIS officers to decide against issuing NTAs in rare cases.
Deferred Action for Childhood Arrivals (DACA) → A separate immigration protection not affected by the expanded NTA policy.

This Article in a Nutshell

USCIS expanded the use of Notices to Appear in February 2025, drastically increasing removal risks for immigrants. Many denied applicants now face deportation proceedings. Legal advice and careful application review have become essential to navigate this strict enforcement landscape and protect immigrant rights effectively in the US immigration system.
— By VisaVerge.com