USA Immigration reform exceptions
Exceptions to Deportation Priorities (What Can Move a Case Out of the “High-Priority” Lane)
Even in periods of heightened enforcement, DHS and DOJ recognize exceptions—case factors that justify lower priority, prosecutorial discretion (PD), or temporary protection from removal.
1) Humanitarian vulnerabilities
- Serious medical conditions or disability; ongoing treatment unavailable abroad.
- Pregnancy and high-risk health situations.
- Recent bereavement or acute family crises.
2) Victims, witnesses, and cooperation with law enforcement
- VAWA self-petitioners and derivatives.
- U visa (victims of certain crimes) applicants with Bona Fide Determination and work authorization.
- T visa (trafficking) applicants/cooperators.
- Key witnesses in criminal or civil rights investigations.
3) Long-time residence and strong equities
- Many years in the U.S., clean or minor record, steady employment, tax compliance, and community service.
- Military service by the person or close family (Parole in Place, hardship to servicemembers).
- Students with advanced study or unique community ties.
4) Protection claims and country conditions
- Asylum/withholding/CAT filings with credible fear or strong merits.
- Nationals of countries facing war, collapse, or natural disaster, especially if TPS is designated.
- Religious or political persecution risks documented by reports and expert declarations.
5) Legal posture of the case
- Pending adjustment of status through family/employment with prima facie eligibility.
- Motion to reopen based on new evidence or legal error; post-conviction relief that erases the removal ground.
- DACA or other deferred action eligibility.
6) Juveniles and special populations
- Unaccompanied children and Special Immigrant Juvenile (SIJ) beneficiaries.
What to do
Document equities early: medical letters, school records, taxes, employment, community affidavits, and proof of cooperation. . Policies change—pair a PD request with a primary path to status to secure durable protection.