President Obama has enforced the DREAM Policy through an executive order ceasing deporting undocumented youth and ordered U.S. Citizenship and Immigration Services to grant them employment authorization. According to the Pew Hispanic Center, this will impact up to 1.4 million children and young adults who are in the United States illegally. Overall, the 1.4 million estimate represents about 12% of the 11.2 million unauthorized immigrants in the U.S. as of 2010, according to an estimate by the Pew Hispanic Center. Among the 1.4 million potential beneficiaries of the new policy, some 70% are from Mexico.
President Obama Speaks on New Deferred Action Policy:
This new policy allows these immigrants to get work cards, driver’s licenses, and social security numbers, allowing them to work legally in the United States. This is called deferred action, allowing the President to stop, suspend, or temporarily exempt individuals from deportation for various reasons. President Obama has continually urged Congress to pass The DREAM Act that would provide permanent status and a path to citizenship for these immigrants.
Who Can Apply for Deferred Action?
To qualify under the President’s current policy announcement, the applicant must:
- Be between the age 15-30 years old,
- Have moved to the U.S. before age 16,
- Have been present continuously in the U.S. for 5 years as of June 15, 2012,
- Have not been convicted of a felony, a significant misdemeanor or multiple minor misdemeanors, and
- Be in school or military service, graduated from high school or have a GED, or have been honorably discharged from the military.
If an applicant meets the requirements, there are 7 important facts to note:
- Deferred action is not “amnesty” and does not lead to permanent residence (green card) or citizenship. It gives temporary permission to remain the U.S. for two (2) years. While this permission can be renewed indefinitely, it is not guaranteed.
- Deferred action does protect immigrants from deportation (“removal”) unless they commit a felony or multiple misdemeanors. (even if they are considered a juvenile under the criminal justice system).
- Unlike permanent residence, citizenship, or even a temporary visa, deferred action is not an immigration status. If the initial application or renewal request is denied, the immigrant can be deported.
- If the immigrant leaves the U.S. for any reason, the deferred action is cancelled and may be denied re-entry into the U.S.
- The immigrant must prove that they qualify for deferred action by producing school records, military records, residence records, and other relevant records.
- Deferred action is considered on an individual basis and does not protect non-qualifying family members from deportation or removal.
- The government plans to accept applications for deferred action around August 15, 2012, and it is not known how long the government will take to process applications.
