USCIS Expands Removal Proceedings: 26,700 Notices to Appear

Table of Contents

1. What Are Removal Proceedings?

2. Latest Guidance and Removal Proceedings Spike

3. Key Numbers Behind Removal Proceedings

4. Removal Proceedings in Asylum and TPS Cases

5. How USCIS Manages Removal Proceedings

6. Rights and Next Steps in Removal Proceedings

7. Expert Analysis: Impact on Applicants

8. Resources and References

1. What Are Removal Proceedings?

Removal proceedings are formal court actions to remove a non‑citizen from the United States. An immigration judge reviews each case. The judge decides if an individual must leave or can stay. Removal proceedings start when U.S. Citizenship and Immigration Services issues a Notice to Appear (NTA) in immigration court.

Key points:

• An NTA lists the charges and court date.

• Non‑citizens must appear or risk a removal order.

• Individuals may apply for relief during proceedings.

2. Latest Guidance and Removal Proceedings Spike

On February 28, 2025, USCIS published new NTA‑issuance guidance under the “Executive Order Protecting the American People Against Invasion.” This policy directs officers to issue NTAs when they deny visas or benefits and the person lacks legal status. As a result, USCIS launched over 26,700 removal proceedings by mid‑June.

The guidance goals:

1. Restore NTA use for removable aliens.

2. Strengthen national security and public safety.

3. Back robust vetting of petitions.

The policy returns to pre‑2021 standards. It aligns NTA practices with the Immigration and Nationality Act.

3. Key Numbers Behind Removal Proceedings

USCIS reports weekly and monthly totals. The surge shows:

These figures highlight how quickly removal proceedings increased after guidance took effect.

4. Removal Proceedings in Asylum and TPS Cases

1. USCIS now issues NTAs in both asylum and Temporary Protected Status (TPS) cases when applicants lose or lack lawful status.

   1. Asylum Cases

      • Denial and Referral: If USCIS denies an affirmative asylum application (Form I‑589), the officer refers the case to the Executive Office for Immigration Review (EOIR) by issuing an NTA.

      • Timing: Applicants receive 30 days to file a written response and may request a continuance for additional evidence.

      • Appeals: Denied asylum seekers can appeal to the Board of Immigration Appeals (BIA) within 30 days of the removal order.

   2. TPS Cases

      • Termination of Designation: When DHS terminates or re-designates a country’s TPS program, beneficiaries lose their work and stay authorization on the termination date.

      • NTA Trigger: Former TPS holders without another valid status receive an NTA in immigration court.

      • Grace Period: DHS may offer a 60‑ to 180‑day wind‑down period for travel and employment authorizations, detailed at https://www.uscis.gov/humanitarian/temporary‑protected‑status

   Next Steps for Affected Individuals:

   • Consult Counsel: Secure legal representation immediately to explore relief options such as withholding of removal or adjustment of status.

   • Track TPS Updates: Monitor DHS announcements for extension or re-designation of TPS.

   • Record Departures: Use the CBP One or CBP Home mobile app to document voluntary departure and avoid future inadmissibility.

5. How USCIS Manages Removal Proceedings

USCIS follows a structured, four‑step process to initiate removal proceedings:

1. Adverse Decision on Benefit Request

   • An officer issues a written denial or revocation when an application or petition fails to meet statutory requirements (e.g., missing eligibility, fraud, or inadmissibility).

   • The decision cites relevant Immigration and Nationality Act (INA) sections and regulatory grounds.

2. Removability Assessment

   • USCIS cross‑references DHS databases and criminal records to confirm the individual lacks lawful status or violates immigration laws (INA § 237).

   • Officers review prior filings, visas, and any outstanding orders of removal or bars to relief.

3. Prosecutorial Discretion Review

   • In limited cases—such as beneficiaries of pending humanitarian petitions or with strong equities—USCIS may exercise discretion to defer an NTA.

   • Factors include length of U.S. residence, family ties, violation severity, and resource allocation.

4. Issuance and Service of Notice to Appear (NTA)

   • USCIS completes Form I‑862, detailing charges, hearing date, time, and location.

   • The NTA is served in person or by certified mail. Service starts the clock for court proceedings under 8 C.F.R. § 1003.16.

Throughout the process, USCIS shares case information and volunteers personnel to support U.S. Immigration and Customs Enforcement (ICE) operations. This collaboration ensures seamless case transfers, up‑to‑date recordkeeping in EOIR systems, and consistent enforcement of removal orders.

6. Rights and Next Steps in Removal Proceedings

Individuals facing removal proceedings should act without delay.

Immediate steps:

1. Read the NTA carefully. Note court date and charges.

2. Contact an immigration attorney. Free or low‑cost legal aid may be available.

3. Gather documents. Collect passports, prior applications, and proof of ties to the U.S.

4. Prepare relief applications. Options include asylum, cancellation, or adjustment of status.

Court hearing tips:

• Arrive early and dress respectfully.

• Bring all documents and interpreters if needed.

• Follow judge’s instructions.

7. Expert Analysis: Impact on Applicants

Three major effects of these removal proceedings are:

1. Accelerated Court Calendars

   • Shorter Preparation Windows: Courts now set hearing dates within weeks, not months. Applicants must collect evidence—identity documents, work records and affidavits—often in 10–14 days.

   • Tight Deadlines for Filings: Motions, briefs and supporting exhibits must meet strict filing deadlines. Missing a deadline can trigger a removal order.

2. Rise in Relief Applications

   • Expanded Use of Bonds: More applicants request custody hearings and post bonds. Bond hearings can delay removal, but bonds may exceed $5,000.

   • Surge in Asylum and Cancellation Requests: Individuals denied benefits file affirmative motions to stay removal. Expect a 20–30% jump in asylum applications and requests for cancellation of removal.

   • Increased Requests for Administrative Closure: Attorneys seek administrative closure or prosecutorial discretion to pause proceedings while new visas or petitions are pending.

3. Heightened Demand for Legal Services

   • Strained Non‑Profit Providers: Legal aid organizations report waiting lists of 100+ clients. Pro bono attorneys face 50% caseload increases.

   • Costs for Private Counsel: Private attorneys now charge $3,000–$7,500 per case for removal defense, up from $2,000–$5,000 in 2024.

4. Emotional and Financial Stress

   • Uncertainty and Anxiety: Rapid court dates lead to stress-related health issues, impacting work and family stability.

   • Financial Burden: Legal fees, bond payments and travel to distant immigration courts strain low‑income households.

Action Steps for Applicants:

• Track USCIS and ICE policy updates at https://www.uscis.gov and https://www.ice.gov.

• Consult AILA’s regularly updated practice advisories: https://www.aila.org/resources.

• Work with accredited legal representatives to file timely relief requests and bond motions.

By understanding these dynamics, applicants can better prepare for removal proceedings and protect their rights.

8. Resources and References

• USCIS Policy Manual (NTAs)

• TPS Listings and Updates

• CBP Home App

• AILA Resources

• Executive Order Text

Maple Crest Immigration Law Firm

Ready to protect your rights and navigate removal proceedings with confidence? Contact Maple Crest Immigration Law today for a consultation and personalized strategy tailored to your case.