What is Deferred Action?
The DREAM Act has been the cause of great debate for many year when talked about in politics. It has been introduced countless times, President Obama has always supported the bill, but after it failed to pass in the Senate in 2010, advocacy groups began pressuring President Obama he took matters into his own hands and got the ball rolling with a full head of steam. After the first four years of the Obama presidency many ”DREAMERS” found out that The Dream Act would still not become a reality during Obama’s first term. However, a new policy was enacted that would provide relief to countless young undocumented youth. Through executive order, President Obama revealed the Consideration of Deferred Action for Childhood Arrivals program on June 15, 2012. It went into effect on August 15, 2012.
Policies of Deferred Action
According to the U.S. Citizenship and Immigration Services (USCIS), Deferred Action for Childhood Arrivals states that, “individuals will not be put into removal proceedings or removed from the United States for a specific period of time.” This specific period of time has been set at two years with an option for renewal, which means benefactors of Deferred Action would have to reapply to continue receiving benefits. One of the core benefits undocumented youth can get from Deferred Action is the opportunity to be allowed to work legally here in the United States. Undocumented youth will be permitted an employment authorization if they receive consent for Deferred Action. Another important benefits are that driver’s licenses will be made available to them.
A policy like Deferred Action has not been seen before in U.S. history. Deferred Action is the first policy of its kind ever seen in the United State it is something that could set many new precedents for undocumented youth living in the United States of America.
Requirements for Deferred Action eligibility
The program focuses on undocumented youth. These eligibility conditions were set forth:
- A person must have entered the U.S. before he or she turned 16.
- A person must be 15 or older but not older than 30 as of June 15, 2012.
- A person must have entered without inspection before June 15, 2012 or his or her lawful status expired as of June 15, 2012.
- A person must have lived in the U.S. for at least five years before June 15, 2012 and must currently be living in the country.
- A person must attend school, have graduated, have a GED or have been honorably discharged from the U.S. Coast Guard or Armed Forces.
- A person must never have been convicted of a felony or significant misdemeanors.
- A person must not pose a threat to national security or public safety.
A person must pass a background check and provide proper documents that assert the above requirements.
Documentation Needed for Deferred Action
(These are just a few there are many more that can be provided)
To prove identity and date of birth, a person must provide documents with sufficient personal data. Some examples of acceptable documents are foreign passports, foreign birth certificates and expired U.S. Visas.
To prove the entrance into the United States before the age of 16, a person must provide documents with dates. These can include a passport with a dated stamp, school records and travel tickets.
To prove presence in the U.S. on June 15, 2012 and five-year stay, a person must provide certain receipts and transactions. Rent agreements, bank transactions and money orders would be acceptable.
To prove education requirement, a person must provide documents that show achievement. A person can submit school transcripts, diplomas and GED certificate.
To prove military requirement, documents that show that a person have been honorably discharged must be provided. These must include Form DD-214, Certificate of Release or Discharge from Active Duty or Form BGB Form 22, National Guard Report of Separation and Record of Service.
If you have any questions regarding anything mentioned above or would like further clarification please reach out to the 1Law staff at 1 800 678 1529 so we could assist you.
