Community Alert: What we know about the new USCIS Policy Manual change on Deferred Action

On May 8, 2026, U.S. Citizenship and Immigration Services updated its policy manual on Deferred Action. The manual is an online guide that explains USCIS immigration policies and how officers should review immigration applications. DA is a temporary protection from deportation. The government can give it to immigrants because of special circumstances or to protect certain groups of people. USCIS can give DA to anyone, including:

• People who need medical care that is unavailable in their country of origin.
• Survivors of domestic violence, trafficking, or crime while they wait for USCIS to review their request for a U visa, T visa, or Violence Against Women Act (VAWA) self-petition.
• People who came to the United States as children and qualify for Deferred Action for Childhood Arrivals (DACA).
• Children with approved Special Immigrant Juvenile (SIJ) petitions, which includes children abused, neglected, or abandoned by their parent.

However, recent changes to the policy manual have raised questions about how USCIS will decide DA cases going forward. There is particular concern that the government will grant DA to fewer people, which could endanger people who need protection from deportation while their immigration applications are pending. These changes could especially harm young people, survivors of violence and trauma, and people with strong claims to lawful status in the United States.

This resource explains the policy manual changes and how they may affect different people.

What are the changes in the USCIS policy manual?

The recent updates criticizes what it says was the agency’s “past practice” of giving DA more broadly, without enough case-by-case review, and without clearly saying that DA is an “extraordinary” option. The manual now states the following:

• DA is an extraordinary (or unusual) and temporary use of prosecutorial discretion. Generally, USCIS should not use it for large groups unless a law or regulation, like DACA, clearly allows it.
• USCIS must make DA decisions one by one and look at the full set of facts (also called the totality of the circumstances). The manual lists  non-exhaustive factors (meaning some, but not all) to consider, including:
  • The person’s immigration history, including violations of U.S. immigration law.
  • Whether the person has a final removal, deportation, or exclusion order (even if they were not actually deported).
  • Whether the person can financially support themself.
  • Facts about the person’s country of origin, including if the government says there is not enough information about vetting and screening.
• DA is not a right and does not give someone immigration status or a path to citizenship. USCIS downplays the stability people get from DA by saying it does not matter as much as the government’s concerns about the immigration system, national security, and public safety.
• DA should only be a last resort, in limited and compelling situations, and officers should look at these requests closely.

These changes apply to people who request DA on or after May 8, 2026, and to people who already have requests pending.

What do these changes mean for DA applicants?

It will take time to understand the full impact of these policy changes, but they will likely affect many people, including the following:

• Survivors of domestic violence petitioning under the Violence Against Women Act (VAWA): For many years, the government has approved VAWA self-petitioners and certain family members for DA. The manual update suggests USCIS may still do so case by case, but it also says USCIS officials could use “any factor” to decide to deny DA.
• Survivors of serious crimes petitioning for a U Visa:
  • Federal regulations require USCIS to give DA to U visa petitioners who are on the waitlist, along with certain family members.
  • Since June 2021, USCIS has also given work authorization and DA to some U visa petitioners who receive a “bona fide determination.” A BFD means USCIS has done a first review, found the petition was properly completed, and has completed background checks.
  • The manual now says U visa petitioners must have a bona fide petition pending or show they are eligible for a U visa. This suggests USCIS may keep considering DA for people with U visa BFDs and people on the waiting list, but with stricter review than before. The manual notes that USCIS can take someone off the waiting list and terminate DA as an act of discretion, and that anyone with a pending U visa could face deportation.
• Survivors of human trafficking applying for a T Visa: Federal regulations require USCIS to give DA to T visa applicants with a BFD. The manual states USCIS still has discretion to assess the circumstances and decide whether DA is appropriate based on the totality of the facts/circumstances.
• DACA recipients: The manual says that DACA, like all grants of DA, is “inherently discretionary” and decided on an individual basis after reviewing all the circumstances and all background and security checks. USCIS also says that even if a person meets the basic requirements for DA, the agency can still decide that a specific factor makes DA “inappropriate.” DACA is still in effect and a valid regulation, and it is not clear what impact this guidance may have. More information is available in this explainer.
• SIJ recipients: Special Immigrant Juveniles are not specifically named in the update, but USCIS will likely consider DA for young people with approved SIJ petitions the same way it considers DA for other noncitizens; that is, USCIS may only grant DA in limited and unusual cases. It is also important to note that USCIS published a separate policy on April 10, 2026, ending automatic DA grants for young people with SIJ. Immigrant youth and service providers are challenging this termination.

The recent changes will create confusion and uncertainty for many immigrants. The list of factors USCIS may consider is problematic and vague, which could make it easier for the agency to deny DA. Allowing USCIS officers greater discretion in deciding DA could introduce more opportunity for bias or very different outcomes for people who have similar cases. More people may face arrest, detention, and deportation while they wait for a decision on their case.

Even with these changes, USCIS still has legal authority to give DA, although the process to request it is unclear. For now, NILC encourages people who may be affected by this PM change to watch how USCIS decides requests for DA. Requests for Evidence (RFEs), Notices of Intent to Deny (NOIDs), and denials may show how USCIS is applying this policy in practice.

For more resources, please visit our resource library.