Immigration Policy Update: HSA Announces Deferred Action Process for Young People

The Department of Homeland Security has announced a new initiative regarding discretion on a case by case basis with younger illegal immigrants. Many illegal immigrants are brought over as children and live the lives of immigrants even though many of them have spent their entire lives in the United States, in some cases, even graduating from educational institutions in the the US.  While illegal immigration is illegal in any form by anyone, it’s main reason for strict enforcement is to keep fugitives, convicts, etc, of other countries out of ours.  The aforementioned group of younger illegal immigrants are not seen as a threat to our nation’s security, and so, this new directive will enable them to apply for deportation deferral, which is able to be renewed, and it will allow them to apply for work authorization.

Under this directive, individuals who demonstrate that they meet the following criteria will be eligible for an exercise of discretion, specifically deferred action, on a case by case basis:

  1. Came to the United States under the age of sixteen;
  2. Have continuously resided in the United States for a least five years preceding the date of this memorandum and are present in the United States on the date of this memorandum;
  3. Are currently in school, have graduated from high school, have obtained a general education development certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States;
  4. Have 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;
  5. Are not above the age of thirty.

Posted: June 18, 2012

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