Some Requests To Defer Deportation Will Be Re-Opened By Immigration Agency

Some Requests To Defer Deportation Will Be Re-Opened By Immigration Agency. According to CNN report, the US Citizenship and Immigration Services has announced its reopening of some pending cases of those applying for relief from deportation after a move to end deferment requests prompted concerns among undocumented families, some of whom are seeking medical issues relief.

During a news conference on Monday, August 26, 2019, Gary Sanchez of Honduras right, watches as his wife Mariela comforts their 16 years old son, Jonathan in Boston. Sanchez and his family came to the United States to seek treatment for Jonathan’s cystic fibrosis. But  immigration advocates and also doctors say federal immigration authorities are unfairly ordering foreign born children who have been granted deferred action for medical treatment to return to their various countries immediately.

Some Requests To Defer Deportation Will Be Re-Opened By Immigration Agency

Earlier this months, US Citizenship and Immigration Services sent letters to family members who had requested relief from deport, saying that “the agency’s field offices no longer consider requests for deferred action, except for certain military exceptions.” The change in the policy brought confusion as well as fear for families and also Immigration and Customs Enforcement (ICE), who has discretion to determine who will and won’t be deported or arrested by surprise.

After emerging of the media reports about the change in policy, USCIS announced that its field offices would no longer consider non-military requests for deferred action — temporary relief from deportation. The agency appeared to slightly reverse course on Monday saying that, “it would re-open non-military deferred action cases that were pending on August 7.” A USCIS official response when asked about the change, said “the USCIS is taking corrective action without hesitation to reopen previously pending cases.”

According to a spokesperson, USCIS initially said that it would defer to ICE to determine if non-military issues warrant deferred action. But the procedures of USCIS and ICE are not identical. Individuals can now apply to ICE for a “stay of deportation or removal,” but that can only be done when someone has exhausted all immigration judicial proceedings and has been ordered to be removed, says an ICE official. The agency responsible for legal immigration benefits which include work authorization is the USCIS.

According to ICE, we do not accept application for deferred action, a discretionary act that allows the Department of Homeland Security to prevent or delay immigration enforcement. A spokesperson for the ICE Shawn Neudauer said,”ICE has broad discretion and exercises that discretion as appropriate on a case-by-case basis throughout the immigration enforcement process in a variety of ways.“He made reference to decisions that was made which regards arrests, release from custody during immigration proceedings as well as prioritization for deportation.

Another ICE official told CNN that there is no new program at the agency for medical deferment. On Monday, the USCIS official said “whether a very limited version of deferred action will continue forward at USCIS is still under review. More information will be forthcoming.”