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

  1. Date Announced

    Sept. 2, 2019

    Briefly suspended in August 1019, 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]

    View Policy Document
  2. Effective Date of Change

    Sept. 2, 2019
  3. Subsequent Action

    September 19, 2019

    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.”

    AILA | Update: USCIS Resumes Accepting and Adjudicating Deferred Action Applications for Non-Military Applicants
Type of Action: Change in Practice
Subject Matter: Humanitarian
Agencies Affected: ICE USCIS

Prior 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).

Subsequent Action

Commentary

Faced With Criticism, Trump Administration Reverses Abrupt End to Humanitarian Relief

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

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