How Is Deferred Action Granted?
If you are facing the possibility of deportation, you still have options. Deferred action is one such possibility. As defined by the United States Citizenship and Immigration Services (USCIS), deferred action is “a discretionary determination to defer a deportation of an individual as an act of prosecutorial discretion.” While this does not confer lawful status on an individual, USCIS will not initiate removal proceedings against an individual who has been granted it.
The Department of Homeland Security (DHS) considers those individuals who have been granted deferred action to be lawfully present in the U.S. for the temporary period when it is applicable. DHS has the authority to exercise discretion and terminate or renew a grant at any time.
There are current regulations in place that allow an individual recipient of deferred action to obtain employment authorization if proof of economic necessity for employment can be provided. Employment authorization will allow the individual to obtain gainful employment to support himself or herself during the authorization period. While it has many benefits, it is also important to note that not only does this not confer lawful status on a person, but it also does not provide a path to permanent U.S. residency or citizenship.
Granting Deferred Action
Deferred action is often granted on an ad hoc basis. Immigration judges and officials have the authority to grant this on an individual basis. It is also often granted based on humanitarian reasons. A humanitarian purpose may include wanting undocumented parents to be able to remain in the U.S. in order to care for their U.S. citizen child who has fallen ill.
DHS officials may recommend ad hoc deferred action if they feel it is justified. An individual seeking relief can submit a written request to USCIS. The requests must include an explanation as to why he or she is seeking it, and must also include proof of identity along with supporting documentation and other evidence
In addition to ad hoc deferred action, there have been several larger-scale grants pursuant to specific legislation. For instance, the Family Fairness Program was established by President Ronald Reagan in 1987. The program was later expanded in 1990 by President George H.W. Bush and granted it to spouses and children of immigrants who were granted amnesty pursuant to the Immigration Reform and Control Act of 1986.
Additionally, President Barack Obama launched the Deferred Action for Childhood Arrivals (DACA) program in 2012. DACA aimed to provide relief to unauthorized immigrants who arrived in the U.S. when they were children. In 2014, President Obama initiated the Deferred Action for Parental Accountability program for immigrants with citizen or permanent resident children.
Deportation Defense Attorney
If you are facing the possibility of deportation, Talamantes Immigration Law Firm can investigate all avenues available to you to prevent or delay deportation. Let us help you explore your options. Contact Talamantes Immigration Law Firm today.
Posted in: Deportation Defense