USCIS Backtracks on Non-Military Deferred Action | Law Firm Newswire

USCIS Backtracks on Non-Military Deferred Action

Dallas immigration lawyers

Dallas immigration lawyers - Rabinowitz & Rabinowitz, P.C.

Dallas, TX (Law Firm Newswire) September 24, 2019 – U.S. Citizenship and Immigration Services (USCIS) will reopen certain non-military medical deferred action cases that are pending as of August 7, 2019. The announcement came on September 2, 2019 after widespread public criticism in response to the agency’s sudden decision to end its adjudication of such requests. A host of organizations voiced strong opposition to the USCIS policy change and 127 members of Congress wrote a letter calling for the Trump administration to reinstate the program.

USCIS said that Immigration and Customs Enforcement (ICE) would take over the responsibility of processing non-military medical deferred action applications. The policy shift occurred without advance public notice, a move that at least one organization characterized as the agency’s increased disregard for transparency and accountability. The USCIS response was that its local field offices were notifying members of the public about the change on a case-by-case basis.

“It is hard to see the justification for the August, 2019, USCIS decision to stop adjudicating non-military deferred action applications which affect, as an example, sick kids with cancer, or other foreign nationals who are receiving lifesaving medical treatment in the U.S.,” commented Stewart Rabinowitz of the Dallas and Frisco law firm of Rabinowitz & Rabinowitz, P.C. “Why transfer deferred action cases to ICE who has stated its intent to get these persons ordered deported prior to considering a deferred action application? Thankfully, USCIS listened to the protests which erupted and reversed course.”

Apparently, the denial letters that USCIS sent out to applicants arising out of this sudden policy change did not contain any instructions to seek assistance from ICE nor any indication that it would be handling non-military deferred action cases going forward. The policy change also appeared to take ICE by surprise because, ICE stated, USCIS had not informed it of the change.

ICE stated that it had no system in place to process deferred action applications other than to accept deferred action requests after an applicant has undergone removal proceedings and has an order of removal.

Non-military deferred action provides temporary relief from deportation to immigrants who often face life-threatening circumstances. The process enables them to stay in the United States while they receive medical treatment.

By Appointment Only
Three Galleria Tower
13155 Noel Road, Suite 900
Dallas, TX 75240

  • DOJ Settles Discrimination Case With Rhode Island Employer
    The U.S. Department of Justice (DOJ) on June 3, 2020, reached a settlement with a Rhode Island manufacturing business over an immigration-related claim that alleged discrimination and retaliation against a U.S. citizen employee. ChemArt, a company that manufactures ornaments and collectibles, offered the worker a human resources position. The employer then unlawfully asked her to ...
  • Supreme Court Chastises the 9th Circuit in an Immigration Case
    The U.S. Supreme Court on May 7, 2020, unanimously vacated a 9th Circuit Court of Appeals decision in a case that punishes encouraging illegal immigration for financial gain. The justices found that the federal court of appeals overstepped its authority in declaring the immigration statute unconstitutionally overbroad by going beyond what the defense presented. The ...
  • CRS Report Addresses the Employment Based Immigration Backlog
    The employment-based immigration backlog for lawful permanent residence in the United States is expected to double by 2030, according to a Congressional Research Service (CRS) report published on March 26, 2020. The report provides an analysis of the projected priority date wait times for three employment-based immigration categories — EB1, EB2 and EB3 — along ...

Get headlines from Law Firm Newswire sent right to your inbox.

* indicates required