Abrupt End to USCIS Medical Deferred Action Policy Creates Devastating Choice: Death Sentence or Family Separation

Washington, DC – The Trump administration has abruptly, and with no notice, changed “deferred action” policy in a way that amounts to a “death sentence,” immigration lawyers report. 

WBUR explains

U.S. Citizenship and Immigration Service (USCIS) sent out letters saying the agency will no longer consider most deferrals of deportation for people with serious medical conditions, documents show….

The small program known as “medical deferred action” allows people to remain in the U.S. for two-year periods if they can prove extreme medical need. Many of the people affected by the policy change came to the U.S. through a visa or other permitted status and are requesting to stay beyond those terms to receive medical treatment.

The Irish International Immigrant Center (IIIC) is working with many families affected by the policy who have children suffering from cancer, cystic fibrosis, HIV, cerebral palsy, muscular dystrophy and epilepsy. Ronnie Millar, the Center’s executive director, explained: “These families are all here receiving treatment that is unavailable in their home countries, and our government has issued them a death sentence.”

“This administration wakes up every day trying to find new ways to hurt vulnerable immigrant families,” said Rev. John L. McCullough, President and CEO of Church World Service. “Deporting caretakers of U.S. citizen children with serious medical conditions is an affront to common decency and American values – and forces parents to choose between family separation or a death sentence. It’s no surprise USCIS issued this new rule without notice or period for public comment–they know the American people would be horrified if they found out what was being done in their name. Putting vulnerable people in harm’s way during times of medical crisis goes against every tenet of our faith traditions. Congress has to hold the administration accountable and stop this shameful attack on families and children.”

“Once again this administration shows its callousness toward the life and death stakes that often accompany immigration decisions,” said Rachel Gore Freed, Vice President and Chief Program Officer at the Unitarian Universalist Service Committee. “It has previously moved to deny asylum to people fleeing gang and gender-based violence —now it is refusing a mere two years’ relief from deportation to people suffering from illnesses or other medical conditions. Denying life-saving treatment to children in pursuit of a deportation-first agenda is morally indefensible.”

There was no period of public notice and comment. The termination of consideration of deferred action at USCIS is effective immediately, and is retroactive. Applicants are being given 33 days to leave the United States, or face formal deportation. 

After news broke of this abrupt and cruel policy change, the government told the media that deferred action requests would be processed by ICE, the DHS’ deportation arm. However, there was no indication of this “new” process in the denial letters sent to immigrants. And given ICE’s record, one cannot hold out a lot of hope that they will show any compassion for families already living a nightmare. 

For more, read this practice alert from AILA.

The Interfaith Immigration Coalition is made up of 53 national, faith-based organizations brought together across many theological traditions with a common call to seek just policies that lift up the God-given dignity of every individual. In partnership, we work to protect the rights, dignity, and safety of all refugees and migrants.

Follow us on Twitter @interfaithimm

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