Protections for Those Seeking “Deferred Action” Status


Soon after the launch of the federal “deferred action” program, which suspended immigration enforcement actions against qualifying individuals who came to the U.S. as children, the White House, the Department of Homeland Security and the U.S. Citizenship and Immigration Services (the “USCIS”) started issuing clarifying interpretations related to the process and the elements involved in ”deferred action” qualification.

One of the common concerns that many immigrants have about seeking ”deferred action” status is whether the information they share in a formal request for “deferred action” can be used against them by immigration enforcement authorities.

The USCIS has published a definitive statement that information provided in a “deferred action” request is protected from disclosure to the U.S. Immigration and Customs Enforcement agency (“ICE”) and U.S. Customs and Border Protection, unless the requesting party meets the criteria for issuance of a Notice to Appear by the USCIS or for referral to ICE.

Basically, under current rules, a requestor is not subject to a Notice to Appear, unless they have engaged in some form of conduct that is fraudulent, criminal, or constitutes a threat to public safety or national security.

Furthermore, any individual who qualifies for “deferred action” status will not be referred to ICE, according to the USCIS.

However, any information on a deferred action request may be shared with national security and law enforcement agencies for purposes other than removal of an applicant from the U.S.

This policy also covers family members and guardians, in addition to the requestor, but it can be modified, suspended or rescinded at any time by the federal government, and thus it pays to have a qualified attorney assist you with deferred action requests.

If you want to speak with a qualified immigration lawyer about deferred action, please do not hesitate to call our office at (847)564-0712 for an appointment. You can also check out our immigration law Website for more information about how we might assist you.

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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