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Home Practice Areas Other Practice Areas Dallas Dream Act Attorney - Deferred Action

Dream Act - Dallas Deferred Action Attorneys

DREAM ACT – Deferred Action

On June 15, 2012, President Obama announced his Dream Deferred Action program which will allow certain young people or “DREAMers” to stay in the US and allow them the ability to obtain a two (2) year work permit. This action by the Department of Homeland Security stops the unjust deportation of promising youth.

At London & London, we know how to successfully navigate through the immigration system. We are here to help answer all of your questions regarding the DREAMer’s Deferred Action law and to help see if you qualify.

To be eligible for deferred action, individuals must: 

1. Have come to the United States under the age of sixteen (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. Currently be 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. Not be above the age of thirty (30).

If you think you meet the criteria, call the Dallas DREAM Deferred Action Attorneys at London & London.

 214-748-5200

 MEMORANDUM 

 

June 15, 2012 

 

From: Janet Napolitano, Secretary of U.S. Department of Homeland Security 

 

Our Nation’s immigration laws must be enforced in a strong and sensible manner. They are not designed to be blindly enforced without consideration given to the individual circumstances of each case. Nor are they designed to remove productive young people to countries where they may not have lived or even speak the language.

 

Indeed, many of these young people have already contributed to our country in significant ways. Prosecutorial discretion, which is used in so many other areas, is especially justified here.

 

As part of this exercise of prosecutorial discretion, the above criteria are to be considered whether or not an individual is already in removal proceedings or subject to a final order of removal.

 

No individual should receive deferred action under this memorandum unless they first pass a background check and requests for relief pursuant to this memorandum are to be decided on a case by case basis.

 

DHS cannot provide any assurance that relief will be granted in all cases.

 

1. With respect to individuals who are encountered by U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and Border Protection (CBP), or U.S. Citizenship and Immigration Services (USCIS):

 

• With respect to individuals who meet the above criteria, ICE and CBP should immediately exercise their discretion, on an individual basis, in order to prevent low priority individuals from being placed into removal proceedings or removed from the United States.

 

• USCIS is instructed to implement this memorandum consistent with its existing guidance regarding the issuance of notices to appear.

 


2. With respect to individuals who are in removal proceedings but not yet subject to a final order of removal, and who meet the above criteria:

 

• ICE should exercise prosecutorial discretion, on an individual basis, for individuals who meet the above criteria by deferring action for a period of two years, subject to renewal, in order to prevent low priority individuals from being removed from the United States.

 

• ICE is instructed to use its Office of the Public Advocate to permit individuals who believe they meet the above criteria to identify themselves through a clear and efficient process.

 

• ICE is directed to begin implementing this process within 60 days of the date of this memorandum.

 

• ICE is also instructed to immediately begin the process of deferring action against individuals who meet the above criteria whose cases have already been identified through the ongoing review of pending cases before the Executive Office for Immigration Review.

 

3. With respect to the individuals who are not currently in removal proceedings and meet the above criteria, and pass a background check:

 

• USCIS should establish a clear and efficient process for exercising prosecutorial discretion, on an individual basis, by deferring action against individuals who meet the above criteria and are at least 15 years old, for a period of two years, subject to renewal, in order to prevent low priority individuals from being placed into removal proceedings or removed from the United States.

 

 

 

• The USCIS process shall also be available to individuals subject to a final order of removal regardless of their age.

 

 

 

• USCIS is directed to begin implementing this process within 60 days of the date of this memorandum.

 

 

 

• For individuals who are granted deferred action by either ICE or USCIS, USCIS shall accept applications to determine whether these individuals qualify for work authorization during this period of deferred action.

 

 

 

This memorandum confers no substantive right, immigration status or pathway to citizenship. Only the Congress, acting through its legislative authority, can confer these rights. It remains for the executive branch, however, to set forth policy for the exercise of discretion within the framework of the existing law. I have done so here.

 

 

 

/s/ Janet Napolitano