President Obama announced that his administration will stop deporting
some of the undocumented young immigrants and will in fact grant them work
authorization. Immigrants in question here
are those who would qualify under the DREAM (Development, Relief and Education
for Alien Minors) Act.
Janet Napolitano, the Secretary of Homeland Security,
announced a memo
deferring action on those young
undocumented immigrants who are low enforcement priorities. The policy change will affect as many as
800,000 young immigrants, including those who were already in the process of
deportation.
Under the new policy, individuals 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 16;
2) Have continuously resided in
the United States for at least five years preceding June 15, 2012 and are
present in the United States on June 15, 2012;
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 30.
They also can apply for a work permit that will be good for
two years with no limits on how many times it can be renewed. The policy will
not lead toward citizenship but will remove the threat of deportation and grant
the ability to work legally, allowing eligible immigrants to remain in the
United States for extended periods.
While this policy takes effect immediately, USCIS (U.S.
Citizenship and Immigration Service) and ICE (Immigration and Customs
Enforcement) 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, ICE's website, or DHS’s website. Beginning
Monday, June 18, 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.
This content is not
intended as legal advice, and cannot be relied upon for any purpose without the
services of a qualified professional.
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