USCIS Tightens Deferred Action Guidance

USCIS has issued new guidance making clear that deferred action will generally be considered only in extraordinary, individual cases.

Deferred action is a temporary decision by immigration authorities to hold off on enforcement against someone who may be removable. The new guidance could make it harder for some applicants to qualify by requiring a more detailed, case-by-case review.

This policy update applies to all requests filed on or pending after May 8, 2026. Its guidance also says:

• General hardship alone is not enough to support a favorable exercise of discretion.
• Deferred action generally will not be granted to categories or groups unless required by law or regulation.
• A related immigration benefit request alone cannot support a deferred action request.
• Deferred action requests generally must be supported by law or regulation, signaling that broader protections should come from Congress or formal rulemaking rather than individual agency discretion.

Manifest immigration attorney Ana Gabriela Urizar says this policy alert reflects a broader trend of heightened scrutiny across the U.S. immigration system.

She explains: “Deferred action has always been discretionary, but USCIS is now making it clear that these requests will face a higher bar of qualification. More than ever, individuals should consult with an experienced immigration attorney before filing to fully understand the risks, eligibility requirements, and the potential impact a request may have on their overall immigration history.”