As announced on Friday by President Obama, the Department of Homeland Security will begin exercising its Prosecutorial Discretion to offer Deferred Action Status to eligible DREAMers. The actual guidelines and procedures have yet to be released. The Administration has ordered DHS to implement the process within 60 days. However, certain things are clear as to who is eligible to apply. It is important to understand that decisions will be made on a case-by-case basis after an individual has passed a background check and demonstrated that he or she warrants prosecutorial discretion. The following criteria are:
Individual must have entered the US before the age of 16
Has continually resided in the US for at least five years as of June 15, 2012
is currently in school, has graduated from high school, has obtained a general education development certificate (GED), or is an honorably discharged veteran of the Coast Guard or Armed Forces
Has not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise poses a threat to national security or public safety; and
is not above the age of thirty.
Once the rest of the guidelines come out, we will of course summarize and post them here, but affected individuals should consult with qualified counsel.