An Overview of Discretionary Reprieves from Removal: Deferred Action, DACA, TPS, and Others | Congress.gov | Library of Congress
CRS Products are created by Congressional Research Service | About CRS Products | Browse CRS Products Download PDF (1MB) Summary Since at least the 1970s, immigration authorities in the United States have sometimes exercised their discretion to grant temporary reprieves from removal to non-U.S. nationals (aliens) present in the United States in violation of the Immigration and Nationality Act (INA). Well-known types of reprieves include deferred action, Deferred Action for Childhood Arrivals (DACA), and Temporary Protected Status (TPS). The authority to grant some types of discretionary reprieves from removal, including TPS, comes directly from the INA. The authority to grant other types of reprieves generally arises from the Department of Homeland Security's (DHS's) enforcement discretion—that is, its discretion to determine the best manner for enforcing the immigration laws, including by prioritizing some removal cases over others. The primary benefit that a reprieve offers to an unl