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Border Patrol and Deferred Action

Written By The Shapiro Law Group on July 04, 2012

Since the announcement of the new deferred action policy by President Obama on June 15 a policy of prosecutorial discretion in favor of those who were brought to this country as children many questions have been raised about what the policy is and how it will be implemented.

On this blog, we will attempt to answer some of those questions for you in the days and weeks ahead with information provided by the White House and the Department of Homeland Security.

One basic question pertains to those who might be subject to border enforcement actions by the Customs and Border Protection agency (CBP) or the Immigration and Customs Enforcement agency (ICE): What happens if CBP or ICE encounters an individual who satisfies the eligibility criteria for deferred action?

The deferred action policy is intended to allow ICE and CBP to focus on priority cases. Thus, the Department of Homeland Security has stated that these agencies should exercise their discretion to prevent apprehension or removal proceedings with respect to non-dangerous individuals who can demonstrate their eligibility for deferred action.

If anyone, including someone in detention, believes that he or she was placed into removal proceedings in violation of the deferred action policy, they can contact the Law Enforcement Support Center hotline at 1-855-448-6903, which is staffed 24 hours per day, seven days a week.

Affected individuals can also call the ICE Office of the Public Advocate through the ICE hotline at 1-888351-4024 (staffed from 9:00 am to 5:00 pm).

ICE will offer deferred action for a period of 2 years, subject to renewal, for those individuals already in removal proceedings who meet the eligibility criteria for deferred action.

We generally do not handle deportation matters, but if you are in need of legal assistance with another immigration matter, do not hesitate to contact our office at (847) 564-0712 to speak with a qualified attorney. You can also check out our immigration law Website for more information about how we might assist you.