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Washington (CNN) - The Department of Homeland Security will again allow undocumented immigrants with serious medical conditions to request to remain in the United States, reversing a controversial mid-year measure that ended the practice and sparked a public outcry.
“Under the direction of Acting Secretary McAleenan, the United States Citizenship and Immigration Service (USCIS) is resuming its consideration of non-military deferred action requests on a discretionary basis, on a case-by-case basis, except as required an applicable law, regulation, or court order, ”an agency spokesman said Thursday.
An email notification was also sent to members of Congress.
The department’s decision last month to no longer consider non-military requests for deferred action (temporary relief of deportation) generated widespread condemnation from defense groups, lawyers and legislators, who argued that revocation would harm those who benefit from relief. It also brought a lawsuit from civil rights groups.
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The American Civil Liberties Union of Massachusetts, which was among the groups that filed the lawsuit, called Thursday's announcement "an encouraging event."
"This is an encouraging development for people and families whose lives were affected by the abrupt termination of the Trump administration's deferred medical action," said legal director Matt Segal. "We hope that the Government will work to restore this vital humanitarian program and we look forward to receiving news from the Government directly regarding our demand on behalf of the International Immigrant Center of Ireland."
In August, the Citizenship and Immigration Services sent letters to families who had requested relief from deportation, saying that the agency's field offices "no longer consider deferred action requests," except for certain military exceptions.
Instead, the agency said it would refer to the Immigration and Customs Enforcement Service to determine if non-military matters "justify deferred action," according to a spokesman. But the procedures of the two agencies are not identical.
Individuals can ask ICE for a "suspension of deportation or expulsion," but that is done only after someone has exhausted all immigration legal proceedings and has ordered their expulsion, according to an agency official. Citizenship and Immigration Services are the agency responsible for legal immigration benefits, including work authorization.
ICE does not accept “requests” for deferred action, a discretionary act that allows the Department of Homeland Security to delay or prevent the application of immigration law, according to the agency.
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After the rejection, the Citizenship and Immigration Services announced that they would review some pending cases of those requesting relief from deportation. The agency reopened about 400 applications that had been pending and were later denied on August 7.
Last week, lawmakers heard two witnesses who, due to their medical conditions, had been granted relief from deportation.
María Isabel Bueso, 24, and Jonathan Sánchez, 16, described receiving the letter from the Citizenship and Immigration Services.
“I was so scared. It was the first time we received this type of letter, ”said Bueso. "I'm still overwhelmed with different emotions." Bueso, who has a rare genetic disease, came to the United States from Guatemala at age 7 to participate in a clinical trial.
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"I don't want to die," said Sanchez, who came to the United States in search of treatment for cystic fibrosis. Sanchez warned that his country of origin, Honduras, is not prepared to treat his illness.
"An emergency hearing by Congress, and threats, should not be required to force the Trump administration to do the right thing," House Oversight Chairman Elijah Cummings said in a statement Thursday.
"Our Commission will continue to seek answers on who was responsible for this cruel policy in the first place," added the Maryland Democrat.
CNN Geneva Sands contributed to this report.