Education Related Legislation
Deferred Action for Childhood Arrivals Q&A’s
On June 15, 2012, President Barack Obama announced that the U.S. Department of Homeland Security (DHS) would not deport certain DREAM Act–eligible undocumented youth. Under a directive from the Secretary of DHS, these youth will be given a type of temporary permission to stay in the U.S. called “deferred action.” This program often is referred to as Deferred Action for Childhood Arrivals, or DACA. For the latest status of DACA please visit U.S. Citizen and Immigration Services.
What is Deferred Action?
Deferred action is a kind of administrative relief from deportation that has been around a long time. Through it, DHS authorizes a non-U.S. citizen to temporarily remain in the U.S. The person may also apply for an employment authorization document (a “work permit”) for the period during which he or she has deferred action.
Deferred action will be granted on a case-by-case basis. Even if you meet the requirements outlined below, DHS will still have to decide whether to grant you deferred action.
A grant of deferred action is temporary and does not provide a path to lawful permanent resident status or U.S. citizenship.
Who is Eligible?
To be eligible for deferred action, you must:
- Have been born on or after June 16, 1981.
- Have come to the United States before your sixteenth birthday.
- Have continuously lived in the U.S. since June 15, 2007.
- Have been present in the U.S. on June 15, 2012, and on every day since August 15, 2012.
- Not have lawful immigration status. To meet this requirement (1) you must have entered the U.S. without papers before June 15, 2012, or, if you entered lawfully, your lawful immigration status must have expired as of June 15, 2012; and (2) you must not have lawful immigration status at the time of your application.
- Be at least 15 years old. If you are currently in deportation proceedings, have a voluntary departure order, or have a deportation order, and are not in immigration detention, you may request deferred action even if you are not yet 15 years old.
- Have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, be an honorably discharged veteran of the Coast Guard or U.S. armed forces, or “be in school” on the date that you submit your deferred action application. See below for more information about meeting the “be in school” requirement.
- Have not been convicted of a felony offense. A felony is a federal, state, or local criminal offense punishable by imprisonment for a term exceeding one year.
- Have not been convicted of a significant misdemeanor offense or three or more misdemeanor offenses. See below for more information about offenses that may disqualify you.
- Not pose a threat to national security or public safety. (DHS is still defining what these terms mean but has indicated that they include gang membership, participation in criminal activities, or participation in activities that threaten the U.S.)
- Pass a background check
How long will deferred action last?
Deferred action will be granted for two years. When the two-year period expires, the grant of deferred action can be renewed, pending a review of the individual case.
For more detailed information please visit National Immigration Law Center