Immigration law is complex, and there are many terms and statuses to understand. One status which has caused some confusion is that of deferred action.

A deferred action is defined as an immigration status which the executive branch can grant to illegal immigrants. This status does not bestow a legal citizenship status, but can delay deportation for an indefinite amount of time. This action is granted at the executive branch’s discretion, and was first publicly defined in a 1975 administrative guidance document published by the INS.

Highlights of Deferred Action

A deferred status may be granted by USCIS or a federal immigration judge. USCIS will not pursue the removal of a person who has been granted deferred status, even though it does not provide a path to permanent residence or citizenship.
The government considers those granted deferred status to be legally present in the United States, only during the proscribed period. The status does not protect them from any prior or subsequent illegal presence in the country.
This status may be terminated or renewed at any time, based on DHS discretion.
Individuals are allowed to obtain employment and work authorization is valid during the entire granted period.
The idea of “deferred action” has been in play for many decades, allowing federal immigration authorities to use prosecutorial discretion in deportation cases. Essentially, they are allowed to prioritize some deportations over others. This can occur at any point in the immigration process.

Who Qualifies for Deferred Action?

Immigration officials often grant deferred action on a case by case, discretionary basis – such as for humanitarian relief, such as allowing parents to stay in the country to care for sick U.S. citizen children. These cases are known as “ad hoc deferred action.” DHS officials can recommend ad hoc deferred action when they feel relief is warranted in that particular case.

An unauthorized immigrant can also request deferred action status by submitting a written request to USCIS. These requests will include the reasons why the status is being sought, and will include supporting documentation, proof of identity, and other evidence which may be relevant to the case.

The majority of deferred action cases are granted when the recipient of relief meets at least one of following conditions:

The applicant supports a dependent who is a U.S. Citizen
The applicant has lived in the United States since their childhood on a continuous basis
The applicant is the primary caregiver of an individual who suffers from a serious illness, either physical of psychological.
The applicant has maintained presence in the United States for several years
The applicant suffers from a serious mental or medical care condition>li>

Notice from the USCIS website as to the current status of DACA: Due to federal court orders, USCIS has resumed accepting requests to renew a grant of deferred action under DACA. USCIS is not accepting requests from individuals who have never before been granted deferred action under DACA. Until further notice, and unless otherwise provided in this guidance, the DACA policy will be operated on the terms in place before it was rescinded on Sept. 5, 2017.

As stated, immigration cases can be confusing and the law is complex. If you are facing deportation, are worried about your status, or need information on how to protect you and your family – call the Tampa and Sarasota immigration attorneys at Probinsky & Cole for assistance. Don’t attempt to navigate the ever-changing immigration landscape without legal advice. Call us today.