General policyPOLICY UPDATE
Deferred Action as an Extraordinary Use of Prosecutorial Discretion
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to reaffirm deferred action as an extraordinary use of prosecutorial discretion.
Effective date and application
This guidance, contained in Volume 1 of the Policy Manual, is effective immediately
Key changes
- U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to reaffirm deferred action as an extraordinary use of prosecutorial discretion.
- Describes how prosecutorial discretion should be exercised when considering a request for deferred action.
- Provides that, unless mandated by law or regulation, deferred action is only considered on an individual case-by-case basis and is an extraordinary use of prosecutorial discretion.
- Clarifies that unless specifically required by law or regulation, USCIS does not grant deferred action to categories or groups. Rather, deferred action is considered in extraordinary circumstances only based on detailed case-by-case scrutiny.
