What Immigrant Families — Including DACA Recipients — Need to Know in 2026

USCIS recently announced a major policy change regarding deferred action and how the government will exercise prosecutorial discretion in immigration cases. The agency now states that deferred action should be considered an “extraordinary” form of relief and generally only granted in rare, individualized situations.

This new policy became effective immediately on May 8, 2026 and applies to pending and future requests.

What Is Deferred Action?

Deferred action is a temporary decision by the government not to pursue deportation against a person for a limited period of time. It does NOT provide lawful status or permanent protection. It is simply a discretionary decision by immigration authorities to temporarily pause removal efforts.

People who receive deferred action may sometimes qualify for work authorization depending on the circumstances and applicable regulations.

This Policy Applies Broadly — Including DACA Recipients

One of the most important aspects of this policy update is that USCIS is reaffirming that deferred action is discretionary and temporary in nature for ALL individuals who receive it, including people with Deferred Action for Childhood Arrivals (DACA).

The policy repeatedly emphasizes that:

  • Deferred action is not permanent protection,
  • Deferred action may be reviewed or reconsidered by the government,
  • USCIS believes deferred action should only exist in extraordinary circumstances, and
  • Deferred action should not be broadly granted to large populations without individualized review.

Although the policy does not specifically terminate DACA, many immigration attorneys and advocates are closely monitoring this announcement because DACA itself is a form of deferred action.

This means DACA recipients should:

  • Stay informed about policy changes,
  • Renew on time whenever eligible,
  • Avoid criminal or immigration violations,
  • Consult with an immigration attorney about long-term options,
  • Explore possible permanent immigration pathways if available.
The Law Office of Erika Rodriguez continues to closely monitor evolving immigration policies and assists clients with DACA renewals, removal defense, humanitarian applications, federal immigration litigation, SIJ cases, requests for prosecutorial discretion, family-based immigration, visas, detention matters, deportation defense, and other complex immigration issues.
Erika Rodríguez and Lilia Rodríguez serve clients throughout Southern California from their San Diego office and are available to help evaluate how recent policy changes may affect your case. Consultations are $100 and can be scheduled online at erlawsd.setmore.com or by calling 619-289-8090.
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What Changed?

USCIS emphasized that deferred action should be reserved for compelling or extraordinary circumstances and that every request will be evaluated individually on a case-by-case basis. The agency stated that deferred action should not be granted broadly to large groups of people unless specifically authorized by law or regulation.

USCIS also clarified that general hardship alone is usually insufficient to qualify for deferred action, and simply having a pending immigration application does not automatically justify relief. In addition, the agency indicated that it may decline to consider requests that are not supported by an existing statute or regulation.

Why This Matters

This policy could significantly affect immigrants who were previously expecting deferred action while waiting for immigration benefits or humanitarian protections. As a result, many individuals may face increased uncertainty, a higher likelihood of deferred action denials, greater risk of being placed into removal proceedings, and more intensive scrutiny from USCIS when requesting discretionary relief.

USCIS specifically stated that deferred action should not be used as a tool to bypass Congress or to create broad protections for large groups of people. Instead, the agency emphasized that deferred action should remain a limited form of discretionary relief reserved for exceptional circumstances.

Who May Be Affected?

This policy may affect:

  • DACA recipients,
  • Humanitarian applicants,
  • SIJ applicants,
  • Individuals seeking prosecutorial discretion,
  • People with pending immigration petitions,
  • Certain undocumented immigrants seeking temporary protection.

Each case will likely require stronger evidence showing extraordinary circumstances.

Important Reminder

Deferred action has always been temporary and discretionary. USCIS emphasized that receiving deferred action does not create permanent immigration status or long-term rights in the United States.

What Should You Do?

If you currently have DACA, have been granted deferred action, are considering requesting deferred action, have a pending humanitarian case, or are concerned about being placed into removal proceedings, it is extremely important to consult with an experienced immigration attorney as soon as possible.

An attorney can help evaluate your specific circumstances, explain your options, and develop a strategy tailored to your case. Given the recent policy changes, applicants should expect USCIS to scrutinize requests for discretionary relief much more closely than in the past.