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:
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.