On February 28, 2025, U.S. Citizenship and Immigration Services (USCIS) issued Policy Memorandum PM-602-0187, a sweeping update to its procedures for issuing Notices to Appear (NTAs). An NTA is a legal document that initiates removal (deportation) proceedings by requiring a noncitizen to appear before an Immigration Judge. This updated memo specifies scenarios where USCIS will issue NTAs and outlines the agency’s renewed enforcement priorities.

This policy has significant implications for immigrants—especially those applying for benefits, with past criminal issues, or whose immigration status is uncertain.

The memo signals a more aggressive enforcement posture by USCIS. While the agency has always had the authority to issue NTAs, this updated guidance:

• Expands the categories of immigrants who may be placed in removal proceedings;
• Eliminates some previous exemptions from enforcement;
• Clarifies coordination with Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP);
• Reinforces national security, public safety, and fraud prevention as top priorities.

In short, many more applicants may now find themselves referred to immigration court following a denial or adverse immigration decision.

Here’s a breakdown of when USCIS will now issue NTAs:

1. Required by Law

Certain situations require USCIS to issue NTAs by statute or regulation. These include:

• Denials of Form I-751 or I-829 (removal of conditions on residence)
• Termination of refugee or asylum status
• Denials under HRIFA or NACARA 203
• Credible fear asylum referrals

2. National Security Concerns

USCIS will work with ICE to issue NTAs for individuals suspected of terrorism, espionage, or other national security threats under INA 212(a)(3) or 237(a)(4).

3. Criminal Offenses

Individuals arrested, charged, or convicted of a crime may be issued NTAs if their benefit is denied or withdrawn—even if the criminal charge isn’t directly related to the immigration application.

4. Fraud or Misrepresentation

If USCIS finds fraud or material misrepresentation in the record—whether or not it is the reason for denial—an NTA will be issued if the applicant is removable.

5. Temporary Protected Status (TPS)

Aliens denied TPS or whose TPS is withdrawn, and who have no other lawful status, will be issued NTAs, unless doing so would interfere with law enforcement investigations.

6. Unlawful Presence

Anyone found not lawfully present in the U.S. after a denial may be issued an NTA—even if they were previously in lawful status.

7. Special Circumstances

USCIS may issue NTAs under discretionary or unusual circumstances, including:

• Requests from the immigrant to initiate proceedings (e.g., to seek relief in court)
• Certain family-based asylum connections
• Expired or terminated parole
• Denials of Form I-90 for abandonment of LPR status
• Naturalization applications revealing deportability or prior ineligibility for adjustment

Although USCIS officers may choose not to issue NTAs under prosecutorial discretion, the memo emphasizes this should be rare and only in compelling cases. Every decision must be documented in USCIS systems and adhere to DHS enforcement priorities.

What Stays the Same

• DACA-related NTA procedures remain unchanged due to separate privacy and enforcement safeguards.
• TPS-specific regulations are still the primary authority in most cases.
• The memo reinforces existing confidentiality protections under 8 U.S.C. § 1367 for survivors of domestic violence, trafficking, or crime.

This updated policy significantly increases the risk that an immigration application denial could lead to removal proceedings. For individuals without lawful status—or with any history of criminal conduct, fraud, or misrepresentation—the stakes are now higher than ever. While the memo does not change any immigration benefit eligibility directly, it reshapes the consequences of application outcomes. If you’re unsure how this policy could impact you or your family, consult with a qualified immigration attorney promptly. For a free consultation to discuss how this policy may affect you or to address any immigration concerns, call Attorney Alfredo Estrada at Burke Costanza & Carberry LLP at (219) 413-0845.