In
United States administrative law
United States Federal Administrative Law encompasses statutes, rules, judicial precedents, and executive orders, that together form administrative laws that define the extent of powers and responsibilities held by administrative agencies of th ...
, deferred action is an immigration classification which the
executive branch
The executive branch is the part of government which executes or enforces the law.
Function
The scope of executive power varies greatly depending on the political context in which it emerges, and it can change over time in a given country. In ...
can grant to
undocumented immigrants
Illegal immigration is the migration of people into a country in violation of that country's immigration laws, or the continuous residence in a country without the legal right to do so. Illegal immigration tends to be financially upward, wi ...
. This does not give them legal status but can indefinitely delay their deportation and they may be eligible for an
employment authorization document
A Form I-766 employment authorization document (EAD or EAD card, known popularly as a work permit, is a document issued by the United States Citizenship and Immigration Services (USCIS) that provides temporary employment authorization to noncitiz ...
. Deferred action is an exercise of the executive branch's
enforcement discretion and was first publicly defined in a 1975 administrative guidance document published by the
Immigration and Naturalization Service
The United States Immigration and Naturalization Service (INS) was a United States federal government agency under the United States Department of Labor from 1933 to 1940 and under the United States Department of Justice from 1940 to 2003.
Refe ...
.
Major grants of deferred action include:
*
Family Fairness Program, a program launched by President
Ronald Reagan
Ronald Wilson Reagan (February 6, 1911 – June 5, 2004) was an American politician and actor who served as the 40th president of the United States from 1981 to 1989. He was a member of the Republican Party (United States), Republican Party a ...
in 1987, and expanded by President
George H. W. Bush
George Herbert Walker BushBefore the outcome of the 2000 United States presidential election, he was usually referred to simply as "George Bush" but became more commonly known as "George H. W. Bush", "Bush Senior," "Bush 41," and even "Bush th ...
in 1990, which granted deferred action to spouses and children of immigrants granted amnesty under the
Immigration Reform and Control Act of 1986
The Immigration Reform and Control Act (IRCA or the Simpson–Mazzoli Act) was passed by the 99th United States Congress and signed into law by U.S. President Ronald Reagan on November 6, 1986.
The Immigration Reform and Control Act legalized ...
.
*
Deferred Action for Childhood Arrivals
Deferred Action for Childhood Arrivals (DACA) is a Immigration policy of the United States, United States immigration policy that allows some individuals who, on June 15, 2012, were physically present in the United States with no lawful immigra ...
(DACA), a 2012 program launched by President
Barack Obama
Barack Hussein Obama II (born August 4, 1961) is an American politician who was the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, he was the first African American president in American history. O ...
aimed at unauthorized immigrants who arrived in the United States as children.
*
Deferred Action for Parents of Americans (DAPA), a 2014 program launched by President Barack Obama for immigrants who have
citizen
Citizenship is a membership and allegiance to a sovereign state.
Though citizenship is often conflated with nationality in today's English-speaking world, international law does not usually use the term ''citizenship'' to refer to nationality ...
or
permanent resident
Permanent residency is a person's legal resident status in a country or territory of which such person is not a citizen but where they have the right to reside on a permanent basis. This is usually for a permanent period; a person with such l ...
children.
References
{{Immigration to the United States
United States immigration law