US Immigration Policy Update: Broader Powers for Issuing Notice to Appear
A recent policy memo has greatly widened the powers of US Citizenship and Immigration Services (USCIS) to issue Notice to Appear (NTA) documents. This update is likely to affect numerous classes of immigrants in the United States.
What is a Notice to Appear?
A Notice to Appear is a notice that USCIS issues to trigger removal proceedings against a person. The notice informs the recipient of the allegations against them and mandates their appearance before an immigration judge.
Major Provisions of the New Policy
The new policy authorizes USCIS officers to issue NTAs in the following circumstances:
Denied immigration benefit petitions: USCIS officers may now issue NTAs to petitioners whose immigration benefit petitions have been denied and who are not lawfully present in the United States.
Criminal charges: Those charged with or convicted of specific crimes, such as terrorism, espionage, and other national security-related crimes, can receive NTAs.
Fraud or willful misrepresentation: Individuals who have engaged in fraud or willful misrepresentation in relation to an immigration benefit application can be issued NTAs.
Impact on Immigrants
The expanded NTA authority is likely to impact different categories of immigrants, such as:
Undocumented immigrants: People with no valid immigration status are likely to be at higher risk of receiving NTAs.
Immigrants with pending applications: Immigrants with pending immigration benefit applications can be given NTAs if their applications are rejected.
Immigrants with criminal records: Immigrants with some criminal convictions are more likely to receive NTAs.
Next Steps
NTA recipients should consult with experienced immigration lawyers so that they can comprehend their rights and alternatives. The NTA document must be carefully read and responded to accordingly to prevent removal proceedings.
This policy revision represents a major change in USCIS's power to commence removal proceedings. Immigrants and their representatives need to know these developments in order to be able to navigate the intricate US immigration system successfully.