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Original Date Announced
May 8, 2026USCIS issued a policy alert (PA-2026-01) replacing previous guidance pertaining to deferred action with new guidance in the USCIS Policy Manual. The Policy Alert purports to "reaffirm deferred action as an extraordinary use of prosecutorial discretion" and supersedes, inter alia, Chapter 40.9.2(b)(3)(J) of the Adjudicator's Field Manual (AFM) stating that unlawful presence is not accrued for purposes of inadmissibility grounds at 8 USC 1182(a)(9)(B) and (C) (INA 212(a)(9)(B) and (C)) during periods of deferred action.
The Policy Alert adds a new Part I to Volume 1 of the Policy Manual on deferred action and removes Volume 3, Part H, which had formerly discussed deferred action. The new language in the Policy Manual discusses how prosecutorial discretion may be requested, granted, and terminated, and distinguishes between several deferred action processes provided by regulation (including DACA, U visa BFD, SIJS DA, VAWA) and non-regulatory deferred action requests. The Policy Alert states that unless specifically required by law or regulation, USCIS does not grant deferred action to categories or groups, but that admonishment does not appear in the Policy Manual. The Policy Alert and the Policy Manual refer at times to deferred action as being granted on an "individual case-by-case basis" and "judiciously in extraordinary and compelling circumstances." The new policy applies to requests pending or filed on or after the publication date.
The Policy Manual references a non-public DHS "Guidance on Deferred Action," issued on April 4, 2025.
Trump 2.0 [ID #2276]
2026.05.08 USCIS Policy Alert 2026-01 - Deferred Action 2026.05.08 USCIS - Policy Manual - Vol 1, Part IEffective Date
May 8, 2026Current Status
NoneOriginal Trump Policy Status
Status: Final/ActualTrump Administration Actions: Agency Directive Change in PracticeSubject Matter: Hearings and Adjudications EnforcementAssociated or Derivative Policies
- August 2, 2019 ICE releases Fact Sheet on Directive 11005.2 allowing ICE power to immediately remove U Visa Petitioners
- January 31, 2025 ICE eliminates requirement to look for evidence of crime victims for enforcement discretion or immigration relief
- June 6, 2025 USCIS reverses policy providing automatic consideration of deferred action for Special Immigrant Juveniles
- July 17, 2025 Reported: USCIS ends program to shield workers reporting abuse
Pre Trump-Era Policies
- December 22, 2025 2025.12.22 USCIS - Policy Manual - Vol I, Part H
Documents
Trump-Era Policy Documents
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New Policy
Original Source:
2026.05.08 USCIS Policy Alert 2026-01 - Deferred Action
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New Policy
Original Source:
2026.05.08 USCIS - Policy Manual - Vol 1, Part I
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Prior Policy
Original Source:
2025.12.22 USCIS - Policy Manual - Vol I, Part H
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