USCIS denials could now result in deportation

The Trump administration recently sent out an email that is very alarming and disturbing to anyone filing a petition or application for an immigration benefit. It advises that if the US Citizenship and Immigration Services (USCIS) denies a case, they may issue a Notice to Appear (NTA), placing the person in deportation/removal proceedings. That is a radical departure from past practices, where USCIS may deny a case but would usually not put the person in deportation.

The email, entitled “USCIS initiates removal proceedings against 26,000 aliens since February,” informs the public that since February 2025, the USCIS “has initiated removal (deportation) proceedings against more than 26,700 aliens with no legal basis to remain in the country.” This is part of the Trump administration’s efforts “to restore integrity and ensure the security of our nation’s immigration system.”

In particular, “USCIS returned to robust screening and vetting of immigration petitions and applications,” which has led to approximately 1,840 NTAs a week being issued. The email further notes, “Under the new guidance, USCIS is generally defaulting towards issuing NTAs after the issuance of an unfavorable decision [denial] on a benefit request where the alien is removable from the United States.”

In only limited situations will USCIS exercise prosecutorial discretion, meaning in only limited situations will they not issue an NTA upon a denial.

What this means is if a person files a petition, whether family-based or employment-based, or an application, such as adjustment of status, fraud waiver, etc. and the petition or application is denied, USCIS may issue an NTA, placing that person in removal/deportation proceedings if the person has “no other authorization to remain in the United States.”

And a case could be denied for so many insignificant reasons, such as the wrong box being checked on a form, not all required evidence proving eligibility was submitted, USCIS believes not enough evidence was submitted proving eligibility or there could be a miscommunication or misunderstanding because the case was not properly packaged.

In the past, USCIS may have issued a denial, but the person may have had the opportunity to refile or repackage their petition or application, or USCIS would generally just leave them alone after the denial.

With this warning, the Trump administration is saying that policy will no longer be the case, and that if a denial is issued, the person could then be placed in deportation/removal proceedings.

In such a situation, I would highly recommend that you first consult with an attorney in connection with the preparation and filing of your petitions or applications. I know that many people think that they can file the paperwork on their own, and only if they get a denial will they see an attorney for assistance. But now, the stakes are so much higher, because ordinarily upon a denial, the person may be considered “out of status” and therefore the target of removal/deportation.

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