insight into these procedures and processes: a 2011 USCIS Ombudsman’s report on DA and a 2006 update to the ICE Detention and Removal Operations Policy and Procedure Manual. a. USCIS Ombudsman, “Deferred Action: Recommendations to Improve Transparency and Consistency in the USCIS Process,” July 2011120 According to the report, USCIS will receive and process DA requests by two groups of people: 1) Individuals who qualify for DA based on a USCIS decision to use DA as a pre-adjudication form of temporary relief for those who have filed certain petitions or applications; and 2) Individuals who qualify for DA due to exigent circumstances (e.g., extreme medical cases, victims of the September 11 terrorist attacks), who may, or may not, have an application for immigration benefits pending.121 According to the report, “there are no official, national standard operating procedures for how to process a deferred action request.”122 Typically, an individual submits a DA request in-person or by mail to a local USCIS office. There is no specific form to submit and there is no filing fee to request DA on an individualized basis. Depending on the USCIS location, the individual may, or may not, receive written confirmation of receipt. The request is reviewed at the local office level, with the District Director making a recommendation and the Regional Director making a final decision, which is in turn delivered by the District Director. Once granted DA, the individual is eligible to apply for employment authorization, usually valid for one to two years.123 b. ICE Detention and Removal Operations Policy and Procedure Manual (2006)124 The ICE Detention and Removal Operations Policy and Procedure Manual offers guidance on DA for ICE ERO Field Office Directors.125 The manual provides a range of factors for ICE to consider in deciding whether to grant deferred action, including factors particularly relevant to stateless persons, including (a) the likelihood of eventual removal and (b) additional sympathetic factors.126 Both of these elements are particularly relevant in the context of statelessness, given the extremely low likelihood—or indeed, impossibility—of removal, and the unique hardship stateless people face through no fault of their own. According to the manual, “any request . . . for deferred action should be considered in the same manner as other correspondence. The alien should be advised that he or she may not apply for deferred action, but that the Service will review the facts presented and consider deferred action as well as any other appropriate course of action.” 127 The DA decision-making process originates with the District Director, who will review facts in the case, and if DA is warranted, will make a recommendation as such to a Regional Director using the Form G-312, Deferred Action Case Summary. The Regional Director then reviews the form and issues the final decision on whether to grant the DA. The individual in question is only notified of a positive decision, USCIS OMBUDSMAN, DEFERRED ACTION: RECOMMENDATION TO IMPROVE TRANSPARENCY AND CONSISTENCY IN THE USCIS PROCESS (July 11, 2011), available at https://www.dhs.gov/sites/default/files/publications/cisomb-combined-dar.pdf. 121 Id. at 3. 122 Id. 123 Id. 124 ICE Detention and Removal Manual, supra note 114. 125 Id. at ICE.000113.09-684 - ICE.000115.09-684. 126 Id. at ICE.000114.09-684. 127 Id. at ICE.000113.09-684. 120 27