How the new USCIS policy on “NTAs” can affect you
I have never been a fan of attorneys who try to “scare” their clients into hiring a lawyer.
I don’t think it’s ethical. If I believed a client could successfully file an application on their own, I would let them know and send them on their way. Thanks to a recent USCIS policy, however, those days are probably gone.
Under the new policy, USCIS now has the power to issue a “Notice to Appear” (NTA) whenever they deny an application or petition. An NTA is a document that effectively puts someone in “removal” or deportation proceedings.
Prior to this policy, USCIS could only recommend cases they believed warranted an NTA to Immigration and Customs Enforcement (ICE). ICE would then make a decision on whether or not to issue an NTA based on their enforcement priorities.
Now that USCIS has the direct ability to issue NTAs, any application or petition that is filed has the potential to lead to deportation. USCIS has given itself a long list of reasons why they might decide to issue an NTA. Some of them are pretty obvious, like the applicant already having an open deportation order or previous involvement in criminal activity. But others are more open-ended, like:
…have engaged in fraud or willful misrepresentation in connection with any official matter or application before a governmental agency;
…have abused any program related to receipt of public benefits; or
…in the judgment of an immigration officer, otherwise pose a risk to public safety or national security
Number 1 might seem like a no-brainer, but I have seen USCIS accuse my clients of fraud based on ZERO evidence.
Number 2 might also seem obvious, but USCIS has not defined what “abuse” means.
Number 3 is extremely dangerous. Here’s why.
The government can basically claim whatever they want is potentially a risk to public safety or national security, and there is basically no legal defense to their argument. We have seen it time and again throughout history (think Japanese-American internment, Executive Order 13769 a.k.a. “Muslim Ban”, and current steel tariffs.) Politics aside, this is a major development in immigration law and policy and warrants everyone’s attention. My immigration practice has only taken deportation defense cases under very narrow circumstances in the past, but in the coming months, we may need to get ready for a new influx of cases…
