Prosecutorial discretion is the U.S. immigration authorities’ power to decide whether or not to enforce removal actions (deportation) against an individual. This discretion allows officers to prioritize resources and focus on serious threats while deferring or declining to pursue cases against certain individuals.
🕊️ What Is Deferred Action?
Deferred action is a form of prosecutorial discretion where immigration authorities temporarily postpone removal of an individual. It is not a legal status but provides temporary relief from deportation and can come with work authorization.
✅ Who Qualifies?
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Individuals with strong humanitarian factors (e.g., family ties, community involvement).
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Those with long-term residence or hardship in the U.S.
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Certain categories like DACA recipients, TPS holders, or military families may receive deferred action.
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Cases vary widely and decisions are discretionary.
📝 How to Request Deferred Action
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Requests are usually made through legal counsel or by filing specific forms like Form I-765 for work authorization.
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In some cases, ICE may grant deferred action proactively based on policies.
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Applicants must demonstrate eligibility and submit supporting evidence.
⚠️ Important Considerations
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Deferred action can be revoked at any time and does not provide a path to permanent status.
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It only temporarily halts removal proceedings.
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Legal advice is essential to understand options and risks.
📞 Borderless Lawyers offers guidance on prosecutorial discretion and deferred action, helping you understand your rights and seek the best protection under U.S. immigration law.