USCIS published an update regarding how it is enacting the guidance on issuing Notices to Appear (NTAs) from February 28, 2025, in response to President Trump’s Executive Order Protecting the American People Against Invasion.
Per the announcement:
- USCIS is generally defaulting toward issuing NTAs after the issuance of an unfavorable decision on a benefit request where the alien is removable from the United States.
- In limited situations, USCIS exercised prosecutorial discretion. The new guidance did not change procedures for cases in which NTA issuance was required by statute or regulation, nor did it change NTA procedures for TPS or Deferred Action for Childhood Arrival (DACA) cases.
- However, if the Secretary of Homeland Security terminates a nation’s TPS designation, former TPS beneficiaries of that nation who have no other authorization to remain in the United States may be subject to NTA issuance.
The Department of Homeland Security states that these individuals “should depart the United States and are encouraged to use the U.S. Customs and Border Protection CBP Home app to report their departure.”
Erickson Insights & Analysis
The Trump administration is taking a whole-of-government approach to enforcement, with an emphasis on removals. Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.
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