The U.S. Citizenship and Immigration Services (USCIS) has revised how it handles “deferred action,” the process used to temporarily halt the deportation of individuals living in the United States without legal status.
In new policy guidance issued Friday, USCIS significantly narrowed the use of deferred action, emphasizing that it will be reserved as an “extraordinary” measure granted only on a case-by-case basis.
The memo, effective immediately, marks a shift away from broad, categorical grants of deferred action for large groups of immigrants. Under the new guidelines, immigration authorities must conduct detailed individual reviews and identify “compelling or extraordinary circumstances” before deciding to defer deportation for a limited period.
“USCIS rigorously enforces our nation’s immigration laws unless a unique case merits an extraordinary exercise of prosecutorial discretion,” the agency said in the policy alert.
The update clarifies that, unless specifically required by federal law or regulation, USCIS will no longer grant deferred action to entire categories of individuals. The agency noted that in the past, the Department of Homeland Security (DHS) had extended such relief to large populations without “detailed case-by-case scrutiny.”
Under the new standards, general hardship common to individuals facing removal will no longer be sufficient to justify discretion. An underlying benefit request alone will not qualify an applicant for deferred action unless it is supported by existing statute or regulation. Authorities must instead evaluate whether discretion is warranted based on the totality of the circumstances.
USCIS acknowledged that many immigrants may have developed “serious reliance interests” under previous policies, including securing employment, housing, or education. However, the memo states that because deferred action is “inherently temporary,” it does not create long-term legal expectations.
The agency concluded that the government’s interest in “ensuring the integrity of the legal immigration system, national security, and public safety” outweighs those individual interests. It also said it could identify no alternative approach that would meet its enforcement objectives.
The guidance supersedes all prior USCIS manuals and memoranda on deferred action and is now controlling. It applies to all requests currently pending or filed on or after May 8, 2026.
The update also includes technical revisions to the USCIS Policy Manual, relocating primary guidance on deferred action from “Humanitarian Protection and Parole” to “General Policies and Procedures.”
Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
