The U.S. Citizenship and Immigration Services (USCIS) has signaled a notable shift toward stricter immigration enforcement. Through a policy memorandum released in February 2025 and updates to its Policy Manual in July 2025, USCIS clarified its intent to more broadly issue Notices to Appear (NTAs)—a document that initiates removal proceedings in immigration court.

Per this updated guidance, USCIS will no longer categorically exempt certain groups of noncitizens from enforcement actions. Instead, each case will be evaluated individually under the agency’s prosecutorial discretion. As a result, more individuals may find themselves subject to removal proceedings even in circumstances that previously did not trigger such action.

The new policy outlines several specific scenarios where USCIS will now issue NTAs, including:

• • Criminal Cases: Where a foreign national has been arrested, charged, or convicted of a crime, and a related immigration benefit has been denied or withdrawn (provided they are not subject to mandatory detention).
• • Fraud or Misrepresentation: Following a denial due to fraud or material misrepresentation in a benefit application.
• • Loss of TPS: If Temporary Protected Status (TPS) is denied or withdrawn, and the individual has no other lawful status.
• • Unlawful Presence After Denial: When an individual lacks lawful status following denial of any immigration benefit.
• • Parole Expiration: Cases including the termination or expiration of parole when the person is not otherwise lawfully present.
• • Employment-Based Petitions: If the petitioner is not lawfully present at the time of an unfavorable decision on a Form I-129 petition.

Additionally, USCIS has made clear that it will pursue for enforcement beneficiaries of family-based petitions. Even if they are eligible to apply for adjustment of status (a green card), they may now face removal proceedings if they are otherwise deemed removable. In the past, some such violations were waived for immediate relatives of U.S. citizens and, in certain cases, for beneficiaries of employment-based petitions. The new policy now appears to encourage the initiation of deportation proceedings before an individual has had a chance to apply for or complete the adjustment process.

As always, the particular circumstances of each individual case will impact whether and to what extent USCIS’s new policies are a cause for concern. For that reason, prior to initiating any application or petition process with USCIS, noncitizens and their family members should seek advice from an immigration practitioner.