Deferred Action

Deferred action is a discretionary determination to defer the removal (deportation) of an individual as an act of prosecutorial discretion. It does not confer lawful status upon an individual. In addition, although an individual who receives deferred action will not be considered as accruing unlawful presence in the United States during the period deferred action is in effect, deferred action does not waive any previous or subsequent periods of unlawful presence. Under existing regulations, an individual whose case has been deferred is eligible to receive employment authorization for the period of deferred action, provided he or she can demonstrate “an economic necessity for employment.” DHS can terminate or renew deferred action at any time at the agency’s discretion.

The government can place people in deferred action status through any number of means. The most prominent example is Deferred Action for Childhood Arrivals (DACA). On June 15, 2012, DHS Secretary Janet Napolitano issued a memorandum stating that certain individuals who arrived in the United States as children may qualify for deferred action, provided they meet certain eligibility requirements.

TEXT FROM OLD SITE

Deferred action is a discretionary determination to defer the removal (deportation) of an individual as an act of prosecutorial discretion. Deferred action does not confer lawful status upon an individual. In addition, although an individual whose case is deferred will not be considered as accruing unlawful presence in the United States during the period deferred action is in effect, deferred action does not excuse individuals of any previous or subsequent periods of unlawful presence.

On June 15, 2012 DHS Secretary Janet Napolitano issued a memorandum stating that certain individuals who arrived in the United States as children may qualify for deferred action, provided they meet certain eligibility requirements.

Under existing regulations, an individual whose case has been deferred is eligible to receive employment authorization for the period of deferred action, provided he or she can demonstrate “an economic necessity for employment.” DHS can terminate or renew deferred action at any time at the agency’s discretion.

Following the November 20, 2014 announcement of President Obama’s decision to take executive action on immigration, DACA has been expanded to cover more people.

An individual is now eligible for DACA if he or she:

1. Came to the United States before reaching his or her 16th birthday;
2. Has continuously resided in the United States from January 1, 2010 up to the present time;
3. Was physically present in the United States on June 15, 2012 and at the time of making his or her request for consideration of deferred action with USCIS;
4. Entered without inspection before June 15, 2012, or his or her lawful immigration status was expired as of June 15, 2012;
5. Is currently in school, has graduated or obtained a certificate of completion from high school, has obtained a general education development (GED) certificate, or is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
6. Has not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and does not otherwise pose a threat to national security or public safety.

There is no longer an upper age limit on applications for DACA (as there was under the original program announced in 2012). Additionally, the deferred action period has been extended from two years to three years, meaning that work permits issued pursuant to the newly expanded DACA program will be valid for three years instead of two as before.

The government expects to begin accepting applications under the expanded DACA guidelines approximately 90 days following the President’s November 20, 2014 announcement.