DHS announces work authorization and 'deferred action' for 'dreamers'

On June 15, 2012, the Secretary of Homeland Security, Janet Napolitano, announced that, effective immediately, those who were brought to the US as young children and who meet certain eligibility requirements, will be considered for “deferred action” (relief from removal or from being put in to removal proceedings). They will be eligible to receive deferred action for a period of 2 years, which could be renewed, and would be eligible for work authorization.

Secretary Napolitano noted that while immigration laws must be enforced, those laws are really not “designed to remove [deport] productive young people to countries where they may not have lived or even speak the language.”

In order to be eligible for deferred action and work authorization, the applicant must meet the following requirements:

1. Came to the US when under the age of 16;

2. Resided continuously in the US for at least 5 years before June 15, 2012, and are physically present in the US on June 15, 2012;

3. They are currently enrolled in school, graduated from high school, obtained a General Education Development certificate (GED), or are honorably discharged veterans of the Coast Guard or Armed Forces of the US;

4. Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety; and

5. Are between the ages of 15 and 30 (not over the age of 30).

The Memo/directive notes that proof of eligibility can only be through “verifiable documentation.” Individuals who are not currently in the US may not be eligible. Therefore, if a “child” arrives in the US tomorrow, they would not qualify under this program, as they were not in the US on June 15, 2012. However, if a person who meets the above eligibility requirements was already ordered removed, but is still in the US, their case could possibly be reopened and they could receive deferred action and work authorization.

Of course, there are “no guarantees” that any individual will be granted deferred action and/or work authorization, as deferred action requests would be decided on a case-by-case basis.

If you (or any of your children) meet the above eligibility requirements, I would definitely advise that you seek the assistance of a reputable attorney, who could evaluate your case and help process you for deferred action and work authorization. While this program does not result in a green card at the present time, it still gives young people “breathing space” and work authorization in 2-year increments. And it is definitely something worth considering, if you are eligible.

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