USCIS Issues More Deportation Notices
January 15, 2019
As part of increasingly stringent anti-immigration policies, the United States Citizenship and Immigration Services (USCIS) recently updated their procedures for issuing Notices to Appear (NTA). NTAs formally initiate removal proceedings for applicants with no lawful immigration status. This policy, introduced earlier this year, became effective earlier this month, leaving thousands of immigrants at risk of deportation.
Once the responsibility of Immigration and Customs Enforcement, the new policy gives USCIS wider authority to issue NTAs for those individuals denied immigration benefits or who are suspected of fraud or other criminal activity. USCIS was previously only permitted to issue NTAs where they were required by law or where national security concerns were involved.
USCIS officials have the authority to initiate the removal of aliens engaged in suspected criminal activity to ultimately make America safer. Opponents say the new policy and the threat of deportation will keep immigrants who are fearful of an application denial from seeking lawful status and further push them into the fringes of society.
The new guidelines give USCIS authority to issue NTAs in cases where:
- Misrepresentation or fraud is verified
- Evidence exists that the applicant misused any public benefits program
- An applicant with no lawful status is charged with or commits a criminal offense
- An application for naturalization is denied on good moral character grounds because of a criminal offense
- The applicant would remain in the United States unlawfully after their application or petition has been denied
USCIS states the agency will not issue NTAs in certain circumstances, including those involving employment-based petitions, petitions from victims of domestic abuse or criminal offenses, and those involving primary or renewed requests for Deferred Action for Childhood Arrivals (DACA).
Additionally, USCIS clarifies that NTAs will not be issued immediately after an immigration benefit is denied. They will permit applicants to fully exhaust the appeals process. NTAs will be issued only after appeals have been denied or the period for appeals has expired.
USCIS will also afford adjudicators the right to refer certain cases to Prosecutorial Review Panels for evaluation. This panel has the authority to potentially refrain from issuing an NTA for certain applicants. Immigration experts speculate that as immigration policies become more stringent, few cases will qualify for prosecutorial discretion.
Philadelphia Deportation Lawyers at the Law Offices of MC Law Group, LLC Tackle Complex Immigration Cases
Immigration regulations seem to be ever-changing. Our Philadelphia deportation lawyers at the Law Offices of MC Law Group, LLC are prepared to advocate for you and your loved ones regarding your immigration matter. Trust our experienced team to listen to your concerns, answer your questions, and explain all your options under the law. Call us today at 215-496-0690 or contact us online for a free consultation. Located in Philadelphia, we proudly represent clients in and around the tri-state area, including Pennsylvania, New Jersey, and nationwide.