USCIS Re-Opens Some Previously Pending Deferral Requests

Attorney Madeline Cronin of our firm appeared on MSNBC last Friday (see: https://www.youtube.com/watch?v=aBJ1qdOGqsU ) in support of our clients and in defense of the 40+ year old Federal “Deferred Action” program.

In conjunction with a Boston Hospital, Madeline had applied for Medical Deferred Action on behalf of a 5 year old Brazilian boy, Samuel Costa and his parents. The boy suffers from a life threatening disease which was treated by successive surgeries; he now has a central line delivering medicine and nutrients directly into a major heart artery, 12 hours per day. 

Medical Deferred Action would allow Samuel to remain in the U.S. for continued, complex care and treatment -  the type of treatment which is unavailable in Brazil.  It would also permit Samuel’s parents to remain with him and to work legally.

Samuel and his mother and cousin appeared with Madeline on MSNBC.

On August 7, 2019, United States Citizenship and Immigration Services (USCIS) had abruptly announced it is no longer adjudicating requests for non-military, deferred action, including Medical Deferred Action.  The Medical Deferred Action program is distinct from the "Deferred Action for Childhood Arrivals" (often called "DACA" or the “Dreamers” program) which is unaffected by this change.

USCIS, without warning, denied all pending applications and ordered Samuel, his parents and many others across the country to leave the U.S. within 33 days or face deportation.

Needless to say, this was devastating.

After significant public outrage, a letter to DHS from over 100 Senators and Congresspersons (see: attachment above) and widespread media attention, including from several Boston-based immigration attorneys, civil and immigrant rights organizations and hospitals, USCIS announced on September 3, 2019 that it will reopen non-military deferred action cases that were pending on August 7 and that consideration of such cases is ongoing.  Thankfully, Samuel’s application is included in this change in USCIS policy.

However, it appears that USCIS will permit no new, non-military Medical Deferred Action applications nationwide. Future Samuel’s would have no access to critical medical care. The Administration seeks unlawfully to end this vital humanitarian program, without due process and without complying with the APA (the Administrative Procedures Act). A challenge to this change in policy was filed last week by the Irish International Immigrant Center in the Federal District Court in Massachusetts.