Information in Deferred Action Applications Protected from Misuse

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According to the Website for the U.S. Citizenship and Immigration Services (“USCIS”) information provided in a request for deferred action is protected from disclosure to U.S. Immigration and Customs Enforcement (“ICE”) and U.S. Customs and Border Protection (“CBP”) for the purpose of immigration enforcement proceedings unless the requestor meets the criteria for the issuance of a Notice To Appear or a referral to U.S. Immigration and Customs Enforcement under the criteria set forth in USCIS’s Notice to Appear guidance (such criteria currently focusing on individuals engaged in criminal activity, fraud or threats to public safety). See: www.uscis.gov/NTA.

This means that, generally speaking, individuals who are eligible for deferred prosecution, and those who have filed an application for such consideration in good faith without any record of criminal activity, fraud or threats to public safety, will not be referred to ICE. The information in an application may be shared with national security and law enforcement agencies, including ICE and CBP, for purposes other than removal, including for assistance in the consideration of deferred action for childhood arrivals request, to identify or prevent fraudulent claims, for national security purposes, or for the investigation or prosecution of a criminal offense.

This policy may be modified, superseded, or rescinded at any time, but it clearly demonstrates that USCIS is trying to process applications for deferred action without ensnaring good faith applicants in an immigration enforcement proceeding.

While our office does not handle deportation cases, we do regularly advise clients about immigration law matters, especially related to employment. If you have a question or need advice regarding compliance with U.S. immigration laws, please do not hesitate to contact our office at (847)564-0712 to speak with a qualified attorney. You can also check out our immigration law Website for more information about how we might assist you.

Published In: Immigration Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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