Information about Medical Deferred Action

from National Family Voices:

 

Medical Deferred Action

For many years, the U.S. Customs and Immigration Services (USCIS) agency, part of the Department of Homeland Security (DHS), has been responsible for considering "deferred action" requests from individuals who have a special reason to stay in the US, such as sick children undergoing medical treatment and their families. Deferred action allows someone to stay in the country even if they would otherwise be subject to deportation, before any deportation proceedings are instituted.

 

In August, USCIS field offices began to send letters to people who were applying or re-applying for deferred action to tell them that the agency would no longer be processing these requests, and that they would be subject to deportation proceedings if they did not leave the country within 33 days. It is still possible for someone to be granted a stay (waiver) from deportation during the deportation process, which is conducted by the Immigration and Customs Enforcement (ICE) agency of DHS. The letters did not mention this, however, and ICE said it had not been aware of the USCIS policy change and would not be changing its own policies so that people could get deferments prior to the commencement of deportation proceedings. See Feds Can't Agree On Which Agency - If Any - Handles Medical Deportation Deferrals (WBUR, 8/28/19). After negative publicity - see, e.g., Immigrant Children with Life-Threatening Illnesses Facing Possible Deportation (CBS News, 8/28/219) - USCIS announced on September 2 that it would continue to process deferred action requests that were pending as of August 7, but would not do so for other requests. On September 11, the Civil Rights and Civil Liberties Subcommittee of the House Committee on Oversight and Reform held a hearing on this issue. The administration has not made any further announcements about the matter.