Deferred Action for DREAMERs

(Este documento tambien se puede ver en español)

Protection for DREAM Youths

On June 15, 2012, the Obama Administration announced that it would offer many DREAM Act-eligible youths protection from deportation. These youths, whether or not they are currently in deportation proceedings, will be able to apply for “deferred action,” which would temporarily shield them from deportation and enable to live and work legally in the US. The links above take you to an informational brocure (on the left) and flyer (on the right) about the intiative that were recently published on The Department of Homeland Security's website.

Requirements

People who entered without inspection before June 15, 2012, or their lawful immigration status expired as of June 15, 2012. 

The announcement sets forth five criteria that youths must meet to get deferred action:
•  They must have come to the US before they turned 16;
•  They must not be above the age of 30 and (for youths not in deportation) must be 15 or older;
•  They must have continuously resided in the US since June 15, 2007, and must have been present in the US on June 15, 2012;
•  They must currently be in school, have received a high school diploma or GED, or been honorably discharged from the US Armed Forces or the Coast Guard;
•  They must not have been convicted of a felony, a “significant misdemeanor,” multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety. Anyone applying for deferred action would need to go through a criminal background check.

DHS is defining “significant misdemeanor” to include crimes involving “violence, threats, or assault, including domestic violence; sexual abuse or exploitation; burglary, larceny, or fraud; driving under the influence of alcohol or drugs; obstruction of justice or bribery; unlawful flight from arrest, prosecution, or the scene of an accident; unlawful possession or use of a firearm; drug distribution or trafficking; or unlawful possession of drugs.”

What Deferred Action Involves
Deferred action is a form of protection that lasts two years. Anyone who gets deferred action would be able to get it renewed, but she would need to reapply near the end of the two years and have her case reviewed again. Someone who gets deferred action can apply for a work permit. DHS is also considering whether to allow travel outside the US. Deferred action does NOT put someone on track to get a green card or US citizenship.

How The Process Will Work
•  Youths who are in deportation proceedings will be able to ask ICE to review their cases and grant them deferred action. The policy applies to youths whose cases ICE already considered for prosecutorial discretion but did not approve.
•  Youths who are arrested by ICE or Customs and Border Protection (including those being detained) will be able to ask the agency to not put them into deportation proceedings.
•  Youths who are not in deportation proceedings will be able to apply to US Citizenship and Immigration Services (USCIS) for deferred action. This process will also be available to those who already have final removal orders. USCIS should open this application process within 60 days (by mid-August).

Methods Of Application:

U.S. Citizenship & Immigration Services - DHS:
USCIS developed a web resource center to provide the most up to date information, including the following helpful forms, instructions and tutorials. Click on each hyperlink for more information:
• I-821D, Consideration of Deferred Action for Childhood Arrivals
• Instructions for Filing Form I-821D
• I-765, Application for Employment Authorization
• Instructions for Filing Form I-765
• Worksheet for Form I-765
• “How Do I” Brochure with Guidelines and Filing
• Flow Chart on the Deferred Action Process
• YouTube Video on the Deferred Action Process

Contact Information:
• USCIS Dedicated Web Resources for Congress
• USCIS Office of Legislative Affairs Headquarters, 202-272-1940, or by email.
• USCIS Deferred Action Information Hotline at 1-800-375-5283

Immigration & Customs Enforcement - DHS:
Contact ICE ONLY on behalf of a Deferred Action applicant if he or she is currently in detention or ICE Custody.
• ICE Public Advocate Hotline at 1-888-351-4024 (staffed 9 a.m. – 5 p.m., Monday – Friday) or EROPublicAdvocate@ice.dhs.gov
• ICE Office of Congressional Relations (OCR) at 202-732-4242

Executive Office Of Immigration Review - DOJ:
List of free Legal Service Providers accredited through the Executive Office of Immigration Review, U.S. Department of Justice
• Roster of Recognized Organizations & Accredited Representatives by state & city
• Office of Legislative and Public Affairs: 703-305-0289

What Happens If An Application Is Denied?
DHS is not allowing anyone whose application is denied to file an appeal. Under its current guidance, however, USCIS will refer a denied applicant for deportation only if the case involves a criminal conviction or fraud.

Don’t Get Hurt By Fraud

USCIS has multiple resources available to help combat immigration services scams, equipping you and your constituents with the knowledge and tools needed to detect and protect from dishonest practices. Some of the resources available USCIS.gov:
•The top things to know before and after filing an application or petition
•A list of common immigration services scams
•State-by-state information on where you can report an immigration services scam
•Advice on finding authorized legal help
•Educational tools you can print and share
 

Except for those youths already in deportation court, the application process for deferred action is NOT open. Anyone who wants to apply should seek help only from immigration attorneys or nonprofit organizations that work on immigration matters. Do NOT believe any notarios or anyone else who says they can help with an application.

The Work That Remains
While this policy announcement is promising, we need to make sure it gets implemented fully and fairly. This deferred action process is still “discretionary”—that is, no one will be granted deferred action automatically. In addition, the “prosecutorial discretion” case review process that ICE began last year has resulted in only 2% of cases being closed. We need to make sure that the problems that occurred with prosecutorial discretion do not happen again in this case.

We also still need to push for the DREAM Act and comprehensive immigration reform. Again, deferred action is only temporary, and does not put anyone on track for a green card or citizenship. In addition, the policy can change if there is a change in White House or DHS leadership. We need to change our laws so that DREAM youths can become fully contributing members of our community.