If you request Deferred Action is because you ARE in the system. It is relief of last recourse; and they already know who you are. It is granted, ususally by the District Director or ICE. They agree to not pursue removal of you as long as they know everything about you; you aren't a risk to the community, and they have to know your whereabouts at all times. So, should you find yourself, unfortunately, at the end of removal proceedings, you or your attorney can request this. Once again, it is relief from removal; not granted by the courts, but by law enforcement.

I agree with Ianus that people are misreading this as a benefit you can apply. No - it is relief for those ordered deported. Relief for those caught in the system. If the government has no idea about you, they are certainly not going to spend resources to keep you off their system.