On September 19, 2019, the U.S. Department of Homeland Security disclosed to members of the Oversight & Reform Committee that its sub-agency, U.S. Citizenship and Immigration Services, would continue “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.” The decision reportedly came at the discretion of Acting DHS Secretary Kevin McAleenan. This news is surprising, as USCIS had announced on August 23, 2019 that it would end consideration of non-military Deferred Action applications. That day, USCIS announced that: USCIS field offices will no longer consider non-military requests for deferred action, to instead focus agency resources on faithfully administering our nation's lawful immigration system. This redirection of agency resources does not affect DACA or other deferred action requests processed at USCIS service centers under other policies, regulations, or court orders (such as VAWA deferred action and deferred action related to the U nonimmigrant status waiting list). As deferred action is a type of prosecutorial discretion used to delay removal from the United States, USCIS will generally defer to the DHS component agency responsible for removing individuals from the United States - U.S. Immigration and Customs Enforcement (ICE) - to make most non-DACA, non-military deferred action determinations. USCIS stated on August 23 that it had made an internal decision to terminate Deferred Action application consideration on August 7, 2019. No public notice was ever published. Nonetheless, the September 19, 2019 announcement now clarifies that certain non-citizens may pursue Deferred Action. The Committee on Oversight and Reform states that: DHS’s announcement came a week after devastating testimony from witnesses at an emergency hearing on September 11, 2019. At the same hearing, the Trump Administration blocked employees from answering basic questions about who decided on the policy, why the policy was implemented, or whether the White House was involved. Deferred Action, according to USCIS, is “a discretionary determination to defer a deportation of an individual as an act of prosecutorial discretion.” It may be granted by USCIS or an Immigration Judge. Deferred Action does not grant an applicant permanent immigration status and it is not a pathway to U.S. citizenship. It does, however, give the individual some comfort in knowing that DHS will not imminently deport the individual, “deferring” the opportunity to deport someone who has no lawful immigration status on a temporary basis. It is important to note that this decision from DHS does not apply to Deferred Action for Childhood Arrivals, or “DACA,” but only to the more traditional form of Deferred Action. Common reasons DHS grants Deferred Action include severe medical issues of the applicant’s U.S. citizen family members, substantial economic need for employment, and humanitarian considerations involving the applicant. Existing regulations allow an applicant who is granted Deferred Action to obtain employment authorization based on proof of her “economic necessity for employment.”
WRITTEN BY
Michael G. Ibrahim, Esq.
Founder & Principal Attorney
Ibrahim Law Office
12+
YRS EXP
3,000+
CASES
150+
REVIEWS
3
LANGUAGES
Contact Us
CONTACT THE OFFICE
(312) 767-8611
info@ibralaw.com
1655 S. Blue Island Ave., Suite 300
Chicago, IL 60608
"If you are looking for an immigration lawyer who gets results without wasting time, look no further. Michael is extremely knowledgeable and proactive. My case was handled with the utmost precision and within the expected timeframe. I am very impressed with his expertise and fast turnaround."
— Verified Google Review
150+ 5-Star Reviews on Google
OUR PRACTICE AREAS
More Immigration Blogs
About the Author
Michael G. Ibrahim, Esq.
Founder & Principal Attorney — Ibrahim Law Office
EDUCATION
DePaul University College of Law
J.D., 2013
Certificate in Public Interest Law
University of Illinois at Urbana-Champaign
B.A. Political Science & International Studies, 2010
Benjamin Hooks Public Interest Law Scholar
Editor, Journal for Social Justice — DePaul University
BAR ADMISSIONS
Supreme Court of Illinois
7th Circuit Court of Appeals
U.S. District Court – N.D. Illinois
U.S. District Court – E.D. Wisconsin
U.S. District Court – E.D. Michigan
U.S. District Court – S.D. Indiana
MEMBERSHIPS
American Immigration Lawyers Association (AILA)
Illinois State Bar Association
Assyrian American Bar Association
LANGUAGES
English
Spanish
Assyrian Aramaic
Hear From Our
Clients
"One of the top immigration lawyers in Chicagoland. Michael Ibrahim is attentive, supportive, and knowledgeable. One of his best abilities is his availability. He responds to emails with attention and detail, often on the same day. Don't underestimate that in dealing with any immigration matter. He is personable; he does not simply collect fees and treat you like a client but rather like a friend. Your success is his success, and he understands that. If Michael were a surgeon, accountant, or another lawyer in any other field. I would want him. You cannot replicate him.." -Yousef S.
"My wife and I are very thankful for Micheal Ibrahim. Before we hired him, we approached many immigration lawyers over ten years to duplicate documents that were destroyed in a fire. The results were disappointing. Micheal was able to find the lost documents. My wife got her permanent residency. He was always available for us during a stressful time. We would like to thank Michael for his knowledge, professionalism, and expertise. We would definitely recommend Michael for immigration services." -Farzad D.
"Michael took over my case, which had been in immigration proceedings for many years, and I am so glad that he did. He is very professional, kept my husband, and I informed of every step of the process, and gave us the most honest and beneficial advice! Highly recommended for anyone who is in need of a great immigration attorney! Thank you again, Michael!" -Nida F.
