Los Angeles Residents Facing Deportation Can Seek Temporary Relief with Form I-246
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A temporary reprieve from deportation is available to individuals in Los Angeles with final deportation orders, offering a critical, though limited, pathway to remain in the United States. Through the submission of Form I-246 to Immigration and Customs Enforcement (ICE), individuals can request a Stay of Deportation or Removal – a suspension of their expulsion for up to one year.
According to guidance from the American Civil Liberties Union (ACLU) of California and the Department of Homeland Security (DHS) manual, this process hinges on fiscal discretion, meaning ICE officers have the authority to prioritize cases based on available resources and specific criteria. It’s crucial to understand that this suspension does not alter an individual’s immigration status or guarantee future residency.
Understanding the Stay of Deportation
The Stay of Deportation, also known as a Stay of Removal, is a discretionary measure granted by ICE, either at the direction of the Secretary of Homeland Security or the local Field Office Director. As one official explained, the suspension temporarily halts removal proceedings without providing any legal pathway to permanent status. This request is only considered for those with an existing removal order who are seeking to delay deportation for compelling humanitarian, medical, or family reasons.
The initial stay is valid for one year and is potentially renewable, offering a continuing, albeit uncertain, path to remain with family and within the community.
How to Apply in Los Angeles
Individuals seeking this temporary relief must submit their request in person at the local ICE Enforcement and Removal (ERO) office. In the Los Angeles area, the ACLU reports the official address as: Los Angeles Street, Room 7631A, Los Angeles, CA 90012.
Before applying, meticulous preparation is essential. Applicants must gather original evidence to support their claim, tailored to the specific grounds for their request – whether medical, humanitarian, family ties, or community involvement. All supporting documentation must be submitted alongside Form I-246 at the time of application.
Common requirements include documentation proving:
- Years of residence in the United States
- Family relationships and dependencies
- Existing medical conditions
- Evidence of good behavior
- Community participation and contributions
It is vital that all documentation is complete, verifiable, and accurate. Any omissions, inconsistencies, or false information can lead to the denial or revocation of the benefit.
ICE Review and Potential Outcomes
ICE evaluates each application based on “low priority” factors outlined in the 2011 fiscal discretion memorandum. These factors include the applicant’s length of residency in the U.S., family connections, health status, demonstrated good conduct, and engagement within the community.
Upon submission, several outcomes are possible:
- Approval: If the local ICE office approves the request, the deportation is temporarily suspended. However, approval does not change immigration status, and ICE retains the right to revoke the stay at any time, particularly if a crime is committed or supervision conditions are violated.
- Rejection: If the petition is denied, the deportation process proceeds without interruption.
- Revocation: Even after a stay is granted, the Field Office Director can revoke it for security concerns, new criminal convictions, or non-compliance with any imposed supervision conditions.
This process underscores the precarious nature of the relief, emphasizing the need for ongoing compliance and a strong legal foundation. While the Form I-246 offers a temporary shield against deportation, it is not a permanent solution and requires diligent adherence to all requirements.
