Sharp increase in cases referred from USCIS to Immigration Court

USCIS has begun the process of deporting more than 26,000 foreign nationals since mid-February 2025.

Starting February 28, U.S. Citizenship and Immigration Services (USCIS) began sharing posts about new guidelines on the issuance of Notices to Appear (NTAs), which have initiated deportation proceedings for more than 26,000 foreign nationals, charged without a legal basis to remain in the country.

Before 2025, it was common for USCIS to deny cases, and then the case would just remain as a denial in the system. The applicant was free to reopen the case or reapply again in the future.  Most recently, it appears that denied cases are being issued notices to appear in immigration court.

This represents a historic increase in cases that are now being sent to immigration courts across the United States. Many cases have been publicized during which people are arrested while attending their green card interviews with USCIS.

NTA or Notice to Appear, what is it?

Form I-862, Notice to Appear or NTA, is a document issued by the United States Citizenship and Immigration Services (USCIS) instructing a person to appear before an immigration judge. This document specifies the deportation proceedings, the legal authority for the proceedings, the allegations supporting the proceedings, and the charges against the foreign national. This document is the initial step toward officially removing an immigrant from the United States.

These adjustments and policy changes are part of a series of actions by the administration to show that they are strong on immigration. USCIS is actively collaborating with Immigration and Customs Enforcement (ICE) by providing volunteers to support their operations.

These efforts by these entities have resulted in approximately 1,840 NTAs per week, a 2,811% increase in NTAs since the Biden administration. According to the previous figures, approximately 500 asylum-related NTAs and 100 Temporary Protected Status (TPS) NTAs are stipulated per week in both cases.

According to USCIS, this update has allowed existing immigration laws to be enforced by reissuing NTAs to foreign nationals subject to removal in the United States. It also mentions that if a final decision is made to cancel a country's designation for TPS, its citizens would be without authorization to remain in the United States, which could also result in the issuance of an NTA.

For immigration attorneys, this dramatic change in policies and how immigration cases are handled presents new challenges and people are warned against filing applications without advising with an attorney ahead of time.

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