DHS issues directive on deferred action
The Department of Homeland Security issued an announcement yesterday that effective immediately, certain young undocumented aliens who were brought to the United States as young children who meet DHS criteria will be considered for “relief from removal from the country or from entering into removal proceedings.” Those meeting criteria will be eligible to receive deferred action for a period of two years, subject to renewal, and will be eligible to apply for work authorization.
DHS will now focus its enforcement resources on the removal of individuals who pose a national security or public safety risk, including undocumented aliens convicted of crimes, violent criminals, felons, and repeat immigration law offenders.
Under this directive, undocumented aliens who demonstrate that they meet the following criteria will be eligible for an exercise of discretion, specifically deferred action, on a case by case basis:
1. Came to the United States under the age of sixteen;
2. Have continuously resided in the United States for a least five years preceding the date of this memorandum and are present in the United States on the date of this memorandum;
3. Are currently in school, have graduated from high school, have obtained a general education development certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States;
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;
5.Are not above the age of thirty.
Only those undocumented aliens who can prove through verifiable documentation that they meet the criteria will be eligible for deferred action. Undocumented aliens will not be eligible if they are not currently in the United States and cannot prove that they have been physically present in the United States for a period of not less than 5 years immediately August 3, 2012. Deferred action requests are decided on a case-by-case basis.
The use of prosecutorial discretion confers no substantive right, immigration status, or pathway to citizenship. Only the Congress, acting through its legislative authority, can confer these rights.
USCIS and ICE expect to begin implementation of the application processes within sixty days. In the meantime, individuals seeking more information on the new policy should visit USCIS’s website (at www.uscis.gov), ICE’s website (at www.ice.gov), or DHS’s website (at www.dhs.gov). Beginning Monday, individuals can also call USCIS’ hotline at 1-800-375-5283 or ICE’s hotline at 1-888-351-4024 during business hours with questions or to request more information on the forthcoming process.
For undocumented aliens who are in removal proceedings and have already been identified as meeting the eligibility criteria and have been offered an exercise of discretion as part of ICE’s ongoing case-by-case review, ICE will immediately begin to offer them deferred action for a period of two years, subject to renewal.