Deferred Action (DA)
Deferred Action (“DA”) is a discretionary decision-making authority that allows DHS to determine which cases merit the commitment of limited resources. It is exercised on a case-by-case basis that focus on the priorities of DHS, by targeting serious criminals and those who are a threat to public safety, potentially deferring action on cases with a lower priority. There is no statutory definition of DA, but federal regulations provide a description: “[D]eferred action [is] “an act of administrative convenience to the government which gives some cases lower priority . . . .” See 8 C.F.R. § 274a. 12(c)(14).
DHS requests may, among other things, be based on humanitarian facts and a low-enforcement priority or may be based on an individual’s status as an important witness in an investigation or prosecution. It does not provide a pathway to permanent residency.
To learn more about Deferred Action, contact Baurkot & Baurkot today for a free, confidential consultation.