On May 8, 2026, USCIS updated its policy manual on Deferred Action. The revision significantly narrows the legal standard for granting DA, restricts group grants except where statute explicitly permits, and requires individualized case-by-case review. These changes apply to people who request DA on or after May 8, 2026, and to people who already have requests pending, making this an immediate filing-strategy issue for practitioners.
What changed
The manual now states that DA is an extraordinary (or unusual) and temporary use of prosecutorial discretion, and generally, USCIS should not use it for large groups unless a law or regulation, like DACA, clearly allows it.
USCIS must make DA decisions one by one and look at the full set of facts (also called the totality of the circumstances). The manual lists non-exhaustive factors (meaning some, but not all) to consider, including the person’s immigration history, including violations of U.S. immigration law, and whether the person has a final removal, deportation, or exclusion order (even if they were not actually deported).
USCIS downplays the stability people get from DA by saying it does not matter as much as the government’s concerns about the immigration system, national security, and public safety, and DA should only be a last resort, in limited and compelling situations, and officers should look at these requests closely.
Why it matters
The policy shift from a broader, more categorical approach to a narrower “extraordinary circumstances” test will likely increase denials and requests for evidence (RFEs) across several categories:
For VAWA self-petitioners and certain family members, the manual update suggests USCIS may still grant DA case by case, but it also says USCIS officials could use “any factor” to decide to deny DA. This unpredictability requires much tighter factual development.
DA requests from survivors of domestic violence, trafficking, or crime awaiting U visa, T visa, or VAWA adjudication should be accompanied by detailed evidence of compelling hardship that distinguishes the applicant from the general population. Prior approvals do not create an entitlement; the recent updates criticizes what it says was the agency’s “past practice” of giving DA more broadly, without enough case-by-case review, and without clearly saying that DA is an “extraordinary” option.
The retroactive application to pending requests means that DA approvals may be reopened or denied at the time of final adjudication, even if an RFE was issued under the old standard.
Way forward
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Reassess pending DA requests now. If you have clients with DA pending as of May 8, 2026, review the file for evidence of compelling circumstances—medical necessity, vulnerability, criminal justice nexus, or humanitarian hardship—that goes beyond general immigration concerns. Resubmit RFE responses or initial DA requests with this heightened factual focus.
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Document “extraordinary” circumstances explicitly. Affidavits, medical records, police reports, and witness statements that demonstrate why DA is a last resort and why alternatives do not exist should be front-loaded in any DA packet.
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Adjust settlement and interview strategy. Encourage clients to obtain supportive documentation before interview. DA is no longer an assumed relief; it must be fought for with specific, compelling evidence.
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Monitor USCIS decisions. NILC encourages people who may be affected by this PM change to watch how USCIS decides requests for DA, as Requests for Evidence (RFEs), Notices of Intent to Deny (NOIDs), and denials may show how USCIS is applying this policy in practice. Track RFE language and denials in your client community to identify new adjudication patterns early.
Disclaimer
We are a software company and information service, not a law firm. This article explains agency policy based on publicly available sources, but it is not legal advice for your specific case. It is not legal advice for your specific situation, and we recommend that community members be careful and talk with an immigration lawyer about their own case. Immigration policy can change without notice. Always verify the current Policy Manual language and any subsequent USCIS guidance or federal court decisions against the primary source before advising a client or making a filing.