People ask how will the government ensure that people eligible for DAPA and DACA are not deported before the Immigration Accountability Executive Action is in place?
Department of Homeland Security (DHS) has instructed officials in both immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) to identify expanded DACA and DAPA-eligible individuals who are already in their custody, in removal proceedings, scheduled for deportation, or whom they newly encounter, and to exercise discretion favorably for those individuals. For eligible individuals in immigration court or before the Board of Immigration Appeals, ICE lawyers are instructed to close or terminate their cases and refer those individuals to USCIS for case-by-case determination.