IMPORTANT IMMIGRATION REFORM NEWS

6/15/12  ICE FACT SHEET - DEFERRED ACTION PROCESS

Effective immediately, certain young people who were brought to the United States through no fault of their own as young children and meet several key criteria will no longer be removed from the country or entered into removal proceedings.

 

Over the past three years, this Administration has undertaken an unprecedented effort to

transform the immigration enforcement system into one that focuses on public safety, border

security and the integrity of the immigration system. As the Department of Homeland Security

(DHS) continues to focus its limited enforcement resources on the removal of individuals who

pose a danger to national security or a risk to public safety, including aliens convicted of crimes,

with particular emphasis on violent criminals, felons, and repeat offenders, DHS will move to

exercise prosecutorial discretion to ensure that enforcement resources are not expended on low

priority cases, such as individuals who were brought to this country through no fault of their own

as children, have not been convicted of a felony offense, a significant misdemeanor offense, or

multiple misdemeanor offenses, and meet other key criteria.

Effective immediately, certain young people who were brought to the United States through no fault of their own as young children and meet several key criteria will no longer be removed from the country or entered into removal proceedings.

Those who demonstrate that they meet the criteria will be eligible to receive deferred action for a period of two years, subject to renewal.

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 continuous period of not less than five years immediately preceding today’s

date. The use of prosecutorial discretion confers no substantive right or pathway to citizenship.

Only the Congress, acting through its legislative authority, can confer these rights.

While this guidance takes effect immediately, USCIS and ICE expect to begin implementation of

the application processes within sixty days. In the meantime, individuals seeking more

information on the new policy should visit USCIS’s website, ICE's website, or DHS’s website.

Beginning Monday, June 18, individuals can also call USCIS’ hotline at 1-800-375-5283 or

ICE’s hotline at 1-888-351-4024 during business hours with questions or to request more

information on the forthcoming process.

FREQUENTLY ASKED QUESTIONS

Who is eligible to receive deferred action under the Department’s new directive?

Pursuant to the Secretary’s June 15, 2012, memorandum, in order to be eligible for deferred action, individuals must:

1.) Have come to the United States under the age of sixteen;

2.) Have continuously resided in the United States for at least five years preceding the date of this memorandum and are present in the United States on the date of this memorandum;

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 30. Individuals must also complete a background check and, for those individuals who make a request to USCIS and are not subject to a final order of removal, must be 15 years old or older.

Are individuals who receive deferred action pursuant to the new directive eligible for employment authorization?

Yes. Pursuant to existing regulations, individuals who receive deferred action may apply for and may obtain employment authorization from USCIS provided they can demonstrate an economic necessity for their employment. Information about employment authorization requests is available on USCIS’s website.

Does the process result in permanent lawful status for beneficiaries?

No. The grant of deferred action under this new directive does not provide an individual with permanent lawful status or a pathway to obtaining permanent lawful status. Only the Congress, acting through its legislative authority, can confer the right to permanent lawful status.

Why will deferred actions only be granted for two years?

Grants of deferred action will be issued in increments of two years. At the expiration of the two year period, the grant of deferred action can be renewed, pending a review of the individual case.

Does this policy apply to those who are subject to a final order of removal?

Yes. An individual subject to a final order of removal who can demonstrate that he or she meets the eligibility criteria can request a review of his or her case and receive deferred action for a period of two years, subject to renewal. All cases will be considered on an individualized basis.

This process is not yet in effect and requests should not be submitted at this time. In the coming weeks, USCIS will outline and announce the procedures by which individuals can engage in this process.

Beginning June 18, individuals may call the USCIS hotline at 1-800-375-5283, from 8 a.m. to 8 p.m., with questions or to request more information on the new process. The hotline offers assistance in English and Spanish. Individuals seeking more information on the new process should visit USCIS’s website.

Does this Administration remain committed to comprehensive immigration reform?

Yes. The Administration has consistently pressed for passage of comprehensive immigration reform, including the DREAM Act, because the President believes these steps are critical to building a 21st century immigration system that meets our nation’s economic and security needs.

Is passage of the DREAM Act still necessary in light of the new process?

Yes. As the President has stated, individuals who would qualify for the DREAM Act deserve certainty about their status, and this new process does not provide that certainty. Only the Congress, acting through its legislative authority, can confer the certainty that comes with a pathway to permanent lawful status.

U.S. Citizenship and Immigration Services (USCIS) when the application period opens USCIS website at http://www.uscis.gov.

Beginning June 18: USCIS hotline at 1-800-375-5283 (8a.m. - 8 p.m.; English and Spanish)

…have a case pending before the Executive Office for Immigration Review or a federal court. U.S. Immigration and Customs Enforcement (ICE) when the process for accepting requests is announced ICE website at: http://www.ice.gov.

Beginning June 18: ICE hotline at 1-888-351-4024 (9 a.m. – 5p.m.; English and Spanish)

…have never been apprehended or placed into removal proceedings.

U.S. Citizenship and Immigration Services (USCIS) when the application period opens USCIS website at http://www.uscis.gov.

Beginning June 18: USCIS hotline at 1-800-375-5283 (8a.m. - 8 p.m.; English and Spanish)