Obama Administration to Stop Deportations and Allow Employment for Certain Undocumented Immigrant Youths

Obama Administration to Stop Deportations and Allow Employment for Certain Undocumented Immigrant Youths

THE BELOW DACA DEFERRED ACTION INFORMATION HAS BEEN SUPERSEDED! SEE OUR BLOG POST USCIS to Start Accepting DREAMer Childhood Arrivals Deferred Action Applications on August 15, 2012

DHS today made a stunning though long-awaited announcement, allowing certain undocumented immigrants who arrived in the United States as children to remain in the U.S. with work authorization until Congress finally enacts Comprehensive Immigration Reform.

The announcement was made today by DHS Secretary Janet Napolitano in her official memo, "Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children".

The memo sets out who may qualify to stay in the U.S. under the Deferred Action program under this act of prosecutorial discretion.

Factors to be considered are:

  • came to the United States under the age of sixteen;
  • has continuously resided in the United States for a least five years preceding the date of this memorandum and is present in the United States on the date ofthis memorandum;
  • is currently in school, has graduated from high school, has obtained a general education development certificate, or is an honorably discharged veteran of the Coast Guard or Armed Forces ofthe United States;
  • has not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise poses a threat to national security or public safety; and is not above the age of thirty.

Individuals must also complete a background check and, for those individuals who make a request to USCIS and are not subject to a final order of removal, must be 15 years old or older.

Immigrants before an immigration judge already facing deportation may also apply for protection, and ICE Attorneys have been instructed to implement a process within 60 days of Napolitano's announcement.

For further information, or to determine whether you may qualify for this protection, please contact our Bay Area immigration law offices at (888) 275-0047. Our firm has handled numerous prosecutorial discretion cases, and would be glad to assist.


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