What is a Stay of Removal / Deferred Action?

Stay of Removal / Deferred Action means the government “temporarily will not remove you.”It is essentially a “pause button” in immigration enforcement, commonly used when:

• Your asylum case was denied

• Your appeal was denied

• A removal order has been issued against you

In practice, there are two main forms:

1. Stay of Removal (formal stay of execution)

For people already under a Final Order of Removal.Once granted, ICE / DHS temporarily will not enforce the removal order.

Legal status:The removal order still exists — it is just not executed for the time being.

2. Deferred Action (discretionary non-enforcement)

More of a policy-based protection, but not equal to legal status.It means the government decides not to pursue removal against you for a period of time.In some cases, it may include work authorization (such as under DACA).

II. Why does “stay of removal” exist?

1. Limited enforcement resources

The government does not have the capacity or political will to immediately remove everyone removable.After you apply, the system assesses:“Is this person a priority for arrest right now?”If a stay is granted, you are temporarily safe.

2. Humanitarian and public interest considerations

Applicable groups include:

• Serious illness, disability, pregnancy, major medical needs

• U.S. citizen children, being the main provider for the family

• Long-term residence in the U.S. with no criminal record

• Pursuing ongoing legal processes (asylum, U visa, T visa, VAWA)

3. Waiting for other legal relief

Many people are in a “legal limbo” where proceedings are still pending:

• Asylum pending

• Appeal pending

• Other relief under review

A stay prevents you from being removed before your case is finished.

III. Who are the main applicants?

Primary eligible groups:

• Already under a removal order but with strong humanitarian factors

• U.S. citizen children or immediate family in the U.S.

• No criminal record

• Waiting for a decision on other legal relief

• Long-term U.S. residence with stable life

Not eligible for:

• Those with serious criminal records

• Considered a risk to public safety or national security

• Recent illegal entry with no active legal applications

IV. Does it help avoid ICE arrest?

A stay of removal is NOT an arrest exemption or a “free pass.”ICE still retains enforcement authority.

Its real effect:

• Lowers your priority for enforcement

• Moves you from “high priority” to “low priority” in the system

• Buys you time to apply for other legal protection or waivers

V. How to apply?

Two ways:

• Automatic stay (e.g., pending appeal)

• File Form I‑246 (Application for Stay of Removal)

Common reasons to apply:

• Medical issues of spouse / children

• Waiting for approval of U visa, T visa, I‑601A

• Humanitarian reasons (serious illness, family dependency)

• Pending Motion to Reopen (MTR)

Purpose:

Provides a buffer to file new cases, apply for waivers, or wait for a new status.

Important notes:

• The removal order still remains

• ICE can terminate the stay at any time

• It is not legal status

• In most cases, no work permit is available

What is Withholding of Removal?

Withholding of Removal is a mandatory humanitarian protection under U.S. immigration law.

The government acknowledges that returning you to your home country would more likely than not result in persecution.You cannot be sent back, but this does not equal a green card.

II. Eligibility

• Asylum was denied, but the judge finds you would face persecution, torture, or threat to life if returned

• Failed to apply for asylum within one year

• Certain criminal records that limit asylum eligibility

Legal logic:

The judge finds you are not “clean enough” for asylum,but returning you would be too dangerous.In this situation, the judge may grant Withholding of Removal.

III. Does it help avoid ICE arrest?

It is not a tool to avoid ICE arrest.It is not immunity.ICE still has enforcement authority.

Real effect:

• Greatly reduces your enforcement priority

• ICE cannot send you back to your home country

• In practice, you are considered “low priority”

IV. Rights under Withholding of Removal

• May legally reside in the U.S.

• May apply for and renew a work permit (EAD) long-term

• The government cannot remove you to your home country

• Protection can last for years, as long as you remain at risk

V. Limitations

• Cannot apply for a green card through Withholding of Removal

• Family members do not get derivative status

• Cannot travel outside the U.S. (departure = abandonment)

• If conditions improve, the government may restart removal proceedings

VI. How to apply for Withholding of Removal?

File Form I‑589 — the same form as for asylum, no extra fee.

Provide evidence:personal declaration, threat evidence, medical records, country conditions reports, expert testimony, etc.

Appear in immigration court and argue your case before a judge and government attorney.

VII. Key to approval

• Credible personal statement: consistent, clear, no contradictions

• Strong evidence of objective risk of persecution if returned

• Clean record: no felony or serious public safety offenses