Deferred Action Process for Young People

On June 15, 2012, Secretary of Homeland Security, Janet Napolitano announced certain young people who were brought to the United States as young children, do not present a risk to national security or public safety, and meet several key criteria, will be considered for relief from removal from the country or from entering into removal proceedings, effective immediately.

Those who demonstrate that they meet the criterial 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. Under this directive, 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. Come to the United States under the age of 16;
   
2. Have continuously resided in the United States for at least five (5) years preceding 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 30.
   

Only those individuals who can prove through verifiable documentation that they meet these criteria will be eligible for deferred action. Individuals 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 five (5) years immediately preceding June 15, 2012. Deferred action requests are decided on a case-by-case basis. The Department of Homeland Security (DHS) cannot provide any assurance that all such requests will be granted. 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.