I get a lot of calls regarding Deferred Action, or “Dream Act”. I took some time to go through the USCIS website, and summarized an overview in this blog. This is not intended to be legal advice. Please, always consult an attorney for specific details about the law. All of this information can be found from USCIS (U.S. Citizenship and Immigration Service), with more in-depth details as to the requirements and process.
What is deferred action? I’m sure most of you have heard on June 15, 2012, the Secretary of Homeland Security announced relief that allows certain people to request for “consideration of deferred action” (dream act/DACA).
This means if some one qualifies, removal action will be deferred for two years. The deferral can be renewed as well after the two years. Also, the person that qualifies for this relief can be eligible for work authorization (provided he or she can demonstrate “an economic necessity for employment”).
Who qualifies? There are requirements that must be met, BUT keep in mind this relief is a discretionary determination. Deferred action, like its name suggests, defers the case. Prosecutorial discretion is discretion to pursue a case for removal, and deferred action means deferring the case for removal. It is a temporary stay. Also, DHS makes it clear on the website: DHS can terminate or renew deferred action at any time, at the agency’s discretion.
However, keep in mind that deferred action does not provide an individual with lawful status. It does need to be renewed every two years, and so it is a temporary status. (Don’t confuse this with lawful presence. If the person approved for deferred action, that person is not considered to be unlawfully present during the period in which deferred action is in effect. Meaning, the period of deferred action will not count toward unlawful presence for future inadmissibility.) Also, deferred action does not confer lawful permanent resident status or a path to citizenship.
Purpose? The way Department of Homeland Security (DHS) explains on the USCIS website, DHS is making a change to prioritize its immigration cases. They explain that they are making “unprecedented effort to transform the immigration enforcement system into one that focuses on public safety, border security and the integrity of the immigration system”, meaning, they want to focus on the high priority removal cases first. The high priority cases will be individuals convicted of crimes with particular emphasis on violent criminals, felons, and repeat offenders. Therefore, DHS will use discretion to not waste time and resources on low priority cases.
Who are the low priority cases? People (mostly who came to the U.S. as children) who meet the guidelines can request consideration of deferred action.
Guidelines you must meet for deferred action:
1. Under the age of 31 as of June 15, 2012;
2. Came to the United States before reaching your 16th birthday;
3. Have continuously resided in the United States since June 15, 2007, up to the present time;
4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
5. Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
7. Have not been convicted of a felony, significant misdemeanor (for more on DACA and DUI), three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
Please see next blog post for specifics as to the guidelines.
I am an attorney, please visit my website at www.lincharlotte.com. This blog post is not intended as legal advice.
What is deferred action? I’m sure most of you have heard on June 15, 2012, the Secretary of Homeland Security announced relief that allows certain people to request for “consideration of deferred action” (dream act/DACA).
This means if some one qualifies, removal action will be deferred for two years. The deferral can be renewed as well after the two years. Also, the person that qualifies for this relief can be eligible for work authorization (provided he or she can demonstrate “an economic necessity for employment”).
Who qualifies? There are requirements that must be met, BUT keep in mind this relief is a discretionary determination. Deferred action, like its name suggests, defers the case. Prosecutorial discretion is discretion to pursue a case for removal, and deferred action means deferring the case for removal. It is a temporary stay. Also, DHS makes it clear on the website: DHS can terminate or renew deferred action at any time, at the agency’s discretion.
However, keep in mind that deferred action does not provide an individual with lawful status. It does need to be renewed every two years, and so it is a temporary status. (Don’t confuse this with lawful presence. If the person approved for deferred action, that person is not considered to be unlawfully present during the period in which deferred action is in effect. Meaning, the period of deferred action will not count toward unlawful presence for future inadmissibility.) Also, deferred action does not confer lawful permanent resident status or a path to citizenship.
Purpose? The way Department of Homeland Security (DHS) explains on the USCIS website, DHS is making a change to prioritize its immigration cases. They explain that they are making “unprecedented effort to transform the immigration enforcement system into one that focuses on public safety, border security and the integrity of the immigration system”, meaning, they want to focus on the high priority removal cases first. The high priority cases will be individuals convicted of crimes with particular emphasis on violent criminals, felons, and repeat offenders. Therefore, DHS will use discretion to not waste time and resources on low priority cases.
Who are the low priority cases? People (mostly who came to the U.S. as children) who meet the guidelines can request consideration of deferred action.
Guidelines you must meet for deferred action:
1. Under the age of 31 as of June 15, 2012;
2. Came to the United States before reaching your 16th birthday;
3. Have continuously resided in the United States since June 15, 2007, up to the present time;
4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
5. Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
7. Have not been convicted of a felony, significant misdemeanor (for more on DACA and DUI), three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
Please see next blog post for specifics as to the guidelines.
I am an attorney, please visit my website at www.lincharlotte.com. This blog post is not intended as legal advice.
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