Deferred Action: On June 15, 2012, Janet Napolitano, the Secretary of Homeland Security, announced a new policy. It allows certain undocumented immigrants brought to the U.S. as children to stay. They must not pose a risk to national security or public safety. Additionally, they need to meet specific criteria.
Qualified individuals must show that:
- They came to the United States under the age of sixteen;
- They have continuously resided in the United States for at least five years preceding June 15th, 2012 and are present in the United States on June 15th, 2012;
- They are in school, have graduated from high school, earned a GED, or are honorably discharged veterans of the U.S. Coast Guard or Armed Forces.
- They have not been convicted of a felony, a significant misdemeanor, or multiple misdemeanors, nor do they pose any threat to national security or public safety.
- They are not above the age of thirty as of June 15th,2012.
Illegal or undocumented immigrants who meet the requirements may qualify for deferred action.USCIS makes this discretionary decision on a case-by-case basis.
Facts to note about Deferred Action
- Deferred action means delayed or postponed action. It simply informs the undocumented immigrant that U.S. immigration authorities will not take action against them while in that status.
- Receiving deferred action does not change the status of an illegal or undocumented immigrant, grant immigration status, or create a pathway to permanent residency or U.S. citizenship
- USCIS cannot guarantee deferred action in every case.
- There is no right of appeal from a denial of an application for deferred action.
- Immigration agencies can terminate deferred action at any time.
- Dependent, e.g. spouses and children of qualified individuals will not be able to benefit unless they qualify on their own merit.
- If approved, USCIS will grant deferred action for two years with the possibility of renewal. In addition; they will qualify to apply for work authorization upon a showing of economic necessity.
- An approved work authorization will enable them to work legally in the U.S., obtain a social security number and a driver’s license.
- USCIS may refer applicants to Immigration and Customs Enforcement (ICE) for deportation if they have a criminal conviction or committed fraud and misrepresentation during the application process
Application Process of Deferred Action
The implementation of the application process will begin within sixty days of June 15th 2012.
USCIS and ICE will in the coming weeks’ outline the procedure for filing the Deferred action application.
For qualified individuals who are in deportation, ICE will promptly begin to offer them deferred action.
More information on the application process will be forthcoming from USCIS and ICE.
Election year perspective of Deferred Action
President Obama’s administration indicated this is a temporary fix. What happens if the President is not re-elected? How will that affect the deferred action status?
Is this a political bait on the part of President Obama to win votes in the coming election? What is the guarantee that the President will come true on Immigration reform after November’s election?
Lastly, Is this a reasonable temporary solution to the current Immigration gridlock?
