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USCIS resumes considering requests from immigrants seeking deferred action for medical treatment

  1. Original Date Announced

    September 2, 2019

    Briefly suspended in August 2019, USCIS reopens consideration of deferred action requests by non-citizens facing removal and seeking to remain in the U.S. while they or an immediate family member received medical treatment. USCIS annnounced it would send letters reopening cases that were pending on August 7, 2019 when the program was terminated. [ID #111]

    USCIS Re-Opens Previously Pending Deferral Requests
  2. Effective Date

    September 2, 2019
  3. Subsequent Trump and Court Action(s)

    • September 19, 2019

      AILA | Update: USCIS Resumes Accepting and Adjudicating Deferred Action Applications for Non-Military Applicants

      On September 19, 2019, Acting DHS Secretary stated USCIS 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.”

      View Document

Current Status

Fully in Effect

Original Trump Policy Status

Trump Administration Action: Change in Practice
Subject Matter: Humanitarian
Agencies Affected: ICE USCIS

Pre Trump-Era Policies

  • Deferred action, in one form or another, dates back to at least the 1960s. Deferred action guidance was previously contained in the legacy Immigration and Naturalization Service, Operation Instructions § 103.l(a)(l)(ii) (1975).

Commentary

  • USCIS’s Elimination of Non-Military Deferred Action at Local USCIS Offices

    Go to article
  • NYT | Faced With Criticism, Trump Administration Reverses Abrupt End to Humanitarian Relief

    Go to article

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