ASSIMILATION Act

(h) Limitations on enforcement discretion

(1) No categorical nonenforcement. Except as expressly authorized by this Act or by any other Act of Congress, the Secretary of Homeland Security and the Attorney General may not adopt, implement, or rely upon a policy, memorandum, rule, order, or program that prospectively exempts or purports to exempt a class or category of aliens from inspection, apprehension, detention, initiation of removal proceedings, adjudication of removability, or execution of final orders of removal.

(2) No categorical deferred action or similar nonenforcement status. Except as expressly authorized by this Act or by any other Act of Congress, the Secretary of Homeland Security and the Attorney General may not grant deferred action or any similar form of categorical nonenforcement status to a class or category of aliens.

(3) Case-by-case deferrals. Nothing in this subsection may be construed to preclude an individualized decision, supported by a written determination, to defer a specific enforcement action for a period not to exceed 180 days, which may be renewed only upon a new written determination, on the basis of—

(A) a serious medical emergency;

(B) the alien’s material assistance as a witness, victim, or informant in a criminal, civil, or administrative investigation or proceeding;

(C) a compelling national security or law enforcement interest; or

(D) another compelling humanitarian circumstance of comparable gravity specifically described in the written determination.

(4) No immigration status or benefit created. A deferral granted pursuant to paragraph (3)—

(A) does not constitute an admission, parole, or lawful status of an alien; and

(B) may not serve as the basis for employment authorization, advance parole, adjustment of status, or eligibility for any Federal public benefit, unless expressly authorized by this Act or by any other Act of Congress.

(5) Operational sequencing. Nothing in this subsection may be construed as prohibiting ordinary case-specific decisions regarding sequencing, scheduling, or resource allocation if such decisions do not amount violated the categorical nonenforcement prohibition described in paragraph (1).