Deferred action is a long-standing form of administrative relief, originally known as nonpriority enforcement status. It is one of many forms of prosecutorial discretion available to the Executive Branch. A grant of deferred action can have any of several effects, depending on the timing of the grant. It can prevent an individual from being placed in removal proceedings, suspend any proceedings that have commenced, or stay the enforcement of any existing removal order. It also makes the recipient eligible to apply for employment authorization. General authority for deferred action exists under Immigration and Nationality Act (INA) § 103(a), 8 U.S.C. § 103(a), which grants the Secretary of Homeland Security the authority to enforce the immigration laws. Though no statutes or regulations delineate deferred action in specific terms, the U.S. Supreme Court has made clear that decisions to initiate or terminate enforcement proceedings fall squarely within the authority of the Executive. In the immigration context, the Executive Branch has exercised its general enforcement authority to grant deferred action since at least 1971. Federal courts have acknowledged the existence of this executive power at least as far back as the mid-1970s. [Letter, re: Executive authority to grant administrative relief for DREAM Act beneficiaries, 5/28/12]
Posted on: Fri, 14 Nov 2014 19:17:56 +0000
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