Featured Issue: USCIS’s Elimination of Non-Military Deferred Action at Local USCIS Offices

USCIS Reestablishes Deferred Action After AILA and Members Campaign for Agency Accountability

On September 19, 2019, in a huge victory for the vulnerable individuals and families impacted, the Department of Homeland Security alerted members of the Oversight & Reform Committee that at the discretion of Acting Secretary McAleenan it would resume “consideration of non-military deferred action requests on a discretionary, case-by-case basis, except as otherwise required by an applicable statute, regulation, or court order.”

From the first reports of this change in policy, AILA and our members have played a significant role in shedding important light on this issue and those impacted, taking action by encouraging members of Congress to hold USCIS accountable, and sharing stories of the change’s implications on their clients. Our collective efforts have been crucial to the reversal of this policy.

AILA is continuing to monitor this reversal and its implementation, and will update members with additional information as it is provided.

USCIS's Elimination of Non-Military Deferred Action at Local USCIS Offices: What It Means and How to Fight Back

Effective August 7, 2019, USCIS is no longer adjudicating requests for non-military "deferred action," a form of temporary relief from deportation for immigrants facing special and often life-threatening circumstances. Instead, ICE will assume exclusive responsibility for deferred action requests but the letters that recipients received make no mention of a process to request assistance from ICE. This policy shift—which occurred without public notice—places vulnerable individuals at risk of deportation and even death, violates principles of fundamental fairness, and will deter many families from pursuing vital immigration relief.

This webpage explains the policy change and its implications, shares ways that members of the public can take action to oppose the measure and identifies further helpful resources.

Policy Change

• On September 2, 2019, USCIS announced that it will reopen non-military deferred action cases that were pending on August 7, 2019. USCIS indicated that letters will be sent this week re-opening these cases for adjudication. USCIS further confirmed that individuals with denied requests that were pending on August 7, did not have pending removal orders and have not been made a target for deportation.
• Effective August 7, 2019, USCIS is no longer adjudicating requests for "deferred action," except from certain military members, veterans, enlistees, and their families. Deferred action is a form of temporary relief from deportation for applicants facing exigent circumstances such as severe medical conditions. The deferred action program is distinct from the "Deferred Action for Childhood Applicants," or "DACA," program, which is unaffected by this change.
• It is also, according to USCIS distinct from other deferred action requests "processed at USCIS service centers under other policies, regulations, or court orders", such as deferred action for VAWA applicants or those currently on the U visa waiting list.
• As a result of this shift, USCIS will no longer consider non-military deferred action requests made before, on, or after August 7, 2019, that the agency had not adjudicated by August 6. Instead, ICE alone will adjudicate deferred action requests. ICE has confirmed to Senator Ed Markey’s staff that it will not be updating its policies to reflect this change from USCIS. ICE further confirmed that it does not consider deferred action requests until the individual has been through removal proceedings and has an order of removal.
• USCIS failed to provide advance public notice of this shift. An ICE spokesperson also confirmed that the agency had not been informed that USCIS would stop processing these requests. Rather, the agency directed local field offices to inform the public of the policy change on an individual case-by-case basis. AILA has posted examples of redacted denial notices issued by USCIS to deferred action applicants.

Implications of Policy Change

• This shift puts lives in danger, including the lives of children facing serious medical conditions like cancer, epilepsy, cystic fibrosis, and HIV. USCIS's actions threaten such individuals with deportation and loss of access to essential treatment.
• USCIS's failure to provide advance public notice of this policy change epitomizes the agency's growing disregard for transparency and accountability. It is fundamentally unfair to families who adhered to this longstanding USCIS application process to learn in the form of a denial letter that the agency is no longer processing these cases. It is particularly egregious that USCIS has elected to apply this new policy retroactively to cases not adjudicated by August 6.
• USCIS's action forces vulnerable individuals in urgent need of relief to somehow request it from an enforcement agency that detains and deports hundreds of thousands of immigrants every year. This shift will deter all too many children and families from coming forward and seeking life-saving protection.
• Although Congress created USCIS to function as a service-oriented immigration benefits agency, under the Trump administration USCIS is increasingly transforming into another DHS enforcement arm. The total transfer of deferred action adjudications to ICE further blurs the line between USCIS and DHS's immigration enforcement components. It also further complicates next steps for individuals impacted by the change, as ICE will not accept these requests until an individual has gone through removal proceedings and has been issued an order of removal. This means that there no longer appears to be a process to affirmatively request deferred action.

How You Can Take Action to Oppose This Change

• Through AILA's Advocacy Action Center — in under two minutes, you can urge your congressional representatives to hold USCIS to account for this destructive measure.
• Provide Case Examples — by providing case examples of deferred action applicants impacted by this policy change, you can help AILA shine a light on the devastating consequences of USCIS's actions.

Congressional Updates

• USCIS Acting Director Sends Letter Regarding Deferred Action Applications for Non-Military Applicants
• AILA Statement for House Hearing on Medical Deferred Action for Critically Ill Children
• Written Statement by Thomas Homan, Former Director of ICE
• Written Statement by Timothy S. Robbins, ICE ERO Acting Executive Assoicate Director
• Congressional Hearing on the Administration’s Apparent Revocation of Medical Deferred Action for Critically Ill Children
• Members of Congress Express Opposition to USCIS's Decision to End Consideration of Non-Medical Deferred Action Requests – August 30, 2019
• Press Call: AILA Experts Join Members of Congress to Discuss USCIS's Elimination of Non-Military Deferred Action - August 29, 2019

Media Coverage

• The New York Times: Sick Migrants Undergoing Lifesaving Care Can Now Be Deported - August 29, 2019
• WBUR News: Feds Can't Agree On Which Agency - If Any - Handles Medical Deportation Deferrals - August 28, 2019
• Boston Globe: 'Our government has issued them a death sentence': Children receiving treatment at Boston hospitals face deportation - August 26, 2019
• Vice News: ICE Took Over a Program That Shields Sick Immigrants from Deportation. Here's How That's Going - August 26, 2019
• WBUR News: 'Our Government Has Issued Them A Death Sentence': Immigration Officials End Medical Deferral Program - August 26, 2019

Related Resources

• USCIS Resumes Accepting and Adjudicating Deferred Action Applications for Non-Military Applicants
• Over 150 Organizations Call for USCIS to Fully Restore Deferred Action Adjudications
• USCIS Re-Opens Previously Pending Non-Military Deferred Action Requests
• AILA Policy Brief: Seven Ways USCIS Is Defying the Will of Congress