Administration reversed decision to halt consideration of cases last fall but has since denied numerous urgent requests, insists detailed information on cases is not available

Washington (April 23, 2020) – Senators Edward J. Markey (D-Mass.), Elizabeth Warren (D-Mass.), and Cory Booker (D-N.J.) and Congresswoman Ayanna Pressley (MA-07) today demanded the U.S. Customs and Immigration Service (USCIS) provide answers about whether it is granting requests from immigrants, including children, with major medical illness and their families seeking to remain in the United States while receiving lifesaving treatment. Public backlash forced the Administration to abruptly reverse course last fall on its decision to halt consideration of non-military deferred action requests, but since then, there have been numerous reports – one including a two-year-old boy with cancer, of denials. In a letter sent today, the lawmakers call on USCIS to immediately provide information on the current status of requests, and allow applicants to apply for deferred action by email in light of the urgent nature of the requests. The lawmakers also expressed frustration with the lack of answers from USCIS after requesting similar information last fall. USCIS insists that it is “unable to provide [the] formal data” the lawmakers requested because “tracking and data are not in place for non-military deferred action.” A copy of DHS's response to the lawmakers' letter can be found HERE. 

“We fear the USCIC has renewed consideration of medical deferred requests in name only,” write the lawmakers in their letter to USCIS Senior Official Kenneth Cuccinelli. “Although USCIS has approved a handful of applications, it has denied or left pending indefinitely many others – both first-time requests and renewals. As the seriousness of the coronavirus disease 2019 (COVID-19) pandemic deepens, medical deferred action is as important as ever. The United States cannot in good conscience force sick or vulnerable individuals to travel, which also increases their risk.”

A copy of the letter can be found HERE.

In their letter, the lawmakers ask USCIS to respond to questions that include:

• What procedures are in place for the submission and adjudication of non-military deferred action requests for the duration of the coronavirus pandemic?
• How many non-military deferred action requests has USCIS received and approved from Fiscal Year 2015 to date? 
• What is USCIS’s current policy with respect to deferred action, within both the medical need and other contexts?
• Since purportedly reinstating consideration of non-military deferred action requests on September 19, 2019, how many such requests has USCIS received, approved, and denied?
• Have all applicants who applications USCIS summarily denied under its prior policy received notice that USCIS will reopen their cases, and how many applications are awaiting this notification?

###