Breaking News Regarding DREAMers

6/15/2012  According to AILA-National, the White House is expected to make a momentous announcement regarding offering deferred action to DREAMers. DREAMers are generally individuals who came to the United States as minors, and through no fault of their own, have fallen out of status; these young people usually attend high school or are even high school graduates with no criminal record and who have been here for a number of years. Deferred Action is an administrative decision by the Department of Homeland Security to not actively remove an individual from the United States.

6/18/2012 According to a Memorandum issued by Secretary of Homeland Security Janet Napolitano on June 15, Prosecutorial Discretion will be exercised to administratively close removal cases against DREAMers and allow them to apply for Deferred Status.  While Deferred Status does not grant nor lead to permanent residence, it does allow an individual to stay in the United States with permission; additionally, provided that economic necessity is demonstrated, the person may apply for and work with authorization from the government.  The following criteria must be satisfied in order to be considered for Deferred Action Status.  The applicant must show that he/she entered the United States before the age of 16; has continued to reside in the United States for at least five years since June 15, 2007; is currently in school, has graduated from high school, has obtained a GED certificate, or is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; has 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; and not be above the age of thirty.

Specific guidelines as to how the policy will be implemented with respect to people who are already in proceedings before the Immigration Court, as well as people who are not in proceedings, will be released within the next few weeks (supposedly sixty days from June 15, 2012). People who have already been ordered removed are also eligible to have their case considered for Deferred Action. Those who are in imminent danger of having the Removal Order executed by ICE are directed to call the Law Enforcement Hotline Center or the ICE Office of the Public Advocate.