📝 What to Know About USCIS’ New NTA Policy in 2025 🗽

info4716039
Jun 23
3 min read

🚨 Overview: What Changed?

On February 28, 2025, U.S. Citizenship and Immigration Services (USCIS) implemented updated guidance on when to issue Notices to Appear (NTAs), which formally begin removal proceedings. Since then, over 26,700 NTAs have been issued to individuals who, according to USCIS, lack a legal basis to remain in the United States.

This change is part of the Trump administration’s Executive Order titled Protecting the American People Against Invasion, aimed at increasing enforcement of the Immigration and Nationality Act (INA). The guidance is presented as a measure to strengthen national security, uphold public safety, and preserve the integrity of the U.S. immigration system.

📋 What Is a Notice to Appear (NTA)?

An NTA is a legal document issued by immigration authorities that initiates removal (deportation) proceedings against an individual. It outlines the reasons why the government believes the person should be removed and requires them to appear before an immigration judge. 📄⚖️

If you receive an NTA:

Don’t ignore it. You must attend all scheduled hearings.
You have the right to an attorney. But the government will not provide one—you must find your own legal representation.
Consult a lawyer immediately. Early legal advice can make a major difference in how your case proceeds.

🧾 What Does the 2025 NTA Guidance Mean?

USCIS is now defaulting to issuing NTAs in most cases where an immigration benefit request is denied and the person is considered removable. While prosecutorial discretion is still used in limited circumstances, the trend is toward greater enforcement.

USCIS also resumed full participation in fraud screening, vetting, and referral for removal. Weekly numbers have increased:

📈 About 1,840 NTAs are issued weekly
📉 2,811% increase in fraud-based NTAs compared to the previous administration
🛂 500 asylum-related NTAs per week
🆘 100 NTAs per week in Temporary Protected Status (TPS) cases

🛡️ What This Means for Immigrants

While this guidance reflects a more aggressive enforcement approach, not all NTAs result in deportation. Many people issued an NTA still qualify for relief, including:

Asylum or withholding of removal
Cancellation of removal
Adjustment of status
TPS, U visa, VAWA, or other humanitarian protections

This is why speaking with an immigration attorney immediately after receiving an NTA is essential. An attorney can assess your options, help you prepare for court, and file the necessary documents to fight your case. 🤝⚖️

🧑‍⚖️ How De Maio Law Can Help

At De Maio Law, we have deep experience representing clients in removal proceedings. If you’ve received an NTA or suspect you may be at risk, we can:

Evaluate whether USCIS followed proper procedures
Determine whether you qualify for legal relief
Represent you in immigration court
Help you avoid a removal order by filing a strong defense

We are here to stand by your side and advocate for your rights with knowledge and compassion. 💼🛂

❓ FAQs – USCIS NTA Guidance

Can I be issued an NTA just because my case was denied?

Yes. Under the new policy, USCIS will generally issue an NTA when a benefit application is denied and you're deemed removable.

Are DACA or TPS cases affected?

The policy did not change how NTAs are handled in DACA or TPS cases, but NTAs may still be issued when there is no other legal basis to remain.

What if my TPS designation is ending?

If your country loses TPS status and you don’t have another legal status, you may be issued an NTA. It’s important to speak with a lawyer before your protection expires.

Will I be detained after getting an NTA?

Not necessarily. Many people remain free while their case is pending in court. However, it’s critical to attend all hearings and follow instructions carefully.

Is it safe to leave the U.S. after receiving an NTA?

Leaving the country after being issued an NTA can trigger a bar from reentry. Always consult an attorney before making travel decisions.

Can I fight my case in court?

Yes! Many people win their cases or receive relief from removal. Legal representation significantly increases your chances.

📞 Don’t Wait—Get Help from De Maio Law

If you've received a Notice to Appear, you still have options—but time matters. Let our experienced team guide you through your legal defenses and help you protect your future.

📞 Call De Maio Law at (786) 232-9120 or email info@demaio-law.com to schedule a confidential consultation.