What is Deferred Action?
Deferred Action is a policy designed to stop the deportation of certain individuals on a case by case basis. DREAM Act eligible undocumented youth who meet certain requirements can apply for it starting August 15th and the application is available online here:
Applicants must present verifiable documentation proving that they meet the requirements, and they must pay a $465 fee (waivers are available only for extreme cases). Along with temporary protection from deportation, eligible youth would receive a temporary social security number and permission to work in the United States. Both would have to be renewed every two years. Eligible youth who are in deportation proceedings can also apply provided that they meet the requirements. If they qualify, DHS would close their deportation proceedings and allow them to apply for work authorization.
It is important to remember that this is a memo. It is neither the DREAM Act NOR an executive order. There is still no pathway to citizenship.
Age Requirements~ Must be under the age of 31 as of June 15, 2012;
~ Must have arrived in the United States before the age of 16;
~ If not in removal proceedings, must be at least 15 years old in order to apply.
Continuous Presence~ Must have lived in the United States continuously for five consecutive years as of the date of the memo, June 15 2012.
~ Must have been present in the United States on June 15, 2012.Good Moral Character~ Must not have been convicted of a felony offense, a significant misdemeanor offense, or three or more misdemeanor offenses not occurring on the same date and not arising out of the same act, omission, or scheme of misconduct.
~ Must not otherwise pose a threat to national security or public safe
**PLEASE NOTE: If your application is denied, you will *’supposedly’* only be put in deportation proceedings if you have a criminal background**
Education~ Must currently be in school or have graduated from high school or have obtained a GED certificate, or be an honorably discharged veteran of the Coast Guard or Armed Forces of the United States.
The following documents would verify your
Identity: valid passport, matricula consular, birth certificate
Date of entry and continuous stay in the US: School or medical records, paystubs or W-2 forms, records of any financial transaction—bank accounts, receipts of purchases, paystubs, etc., listed as a dependent on parents’ tax returns or beneficiary on insurance policiesIf you believe you qualify for the deferred action memo, try to complete the application through a nonprofit in your area so as to avoid private lawyers who will scam you out of money. Also please note that if denied, you cannot repeal the decision.
DreamActivist Pennsylvania Messaging
This policy came about because undocumented immigrant youth were occupying his campaign offices and refused to leave until he gave an executive order for the Dream Act. This policy was formed because undocumented youth refused to hide and be ashamed about their legal status.Detained undocumented youth who are eligible for the Deferred Action memo are NOT being released. As seen from the National Immigrant Youth Alliance’s work at Broward Transitional Facility in Florida, ICE is not always identifying low-priority immigrants eligible for DACA and is still trying to deport some of them.Legislation like this, and similarly ‘Dreamer’ oriented legistlation, focuses on only granted residency to a small portion of our immigrant community while simultaneously working to criminalize the rest.La lucha sigue.