By Ramon Trujillo
On June 15, 2012, Janet Napolitano, Secretary of Homeland Security announced that effective immediately certain illegal immigrants who qualify would be eligible for relief from deportation. Through the exercise of prosecutorial discretion, the Department of Homeland Security (DHS) will terminate removal proceedings against individuals who lack the intent to violate the law. In addition, these individuals will be eligible for a work permit in order to gain legal employment in the United States.
The following requirements must be met in order to be eligible for this relief:
· Came to the United States under the age of 16;
· Have continuously resided in the United States for at least five (5) years preceding the date of this memorandum. (From June 15, 2007 – June 15, 2012);
· Currently in school, have graduated high school, obtained a GED certificate, or honorable discharged from the Armed Forces in the United State;
· Have 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 be under 30 years of age.
The official memorandum can be found here.
While this is an important step in the right direction as far as relief for DREAMers goes, but it is not the full relief sought by the proposed DREAM Act. In addition, this is not amnesty. As of now, this is simply a deferred action, meaning that a person, if he or she qualifies, will not be subject to deportation. In addition, this relief will be made available to those who wish to apply affirmatively (those not currently in deportation proceedings).
Through the new directive, a qualified individual would be eligible for an employment authorization document, meaning the individual could work legally. Qualifications for an employment authorization document will be made on a case-by-case basis, depending on economic necessity. Applicants are not guaranteed employment authorization. The deferred action pursuant to this new directive does not grant permanent resident status, nor does it place an individual on a path towards permanent residency and eventually citizenship.
If you believe you are eligible, it is strongly recommended that you seek the assistance of Gupta & Trujillo to complete your application. Our office will help you present all the supporting documents that are needed in order to make a strong case for qualification.
It is important to note that if your affirmative application is denied you can be issued a notice to appear and have your case referred to ICE. In our experience, many applications are denied because they are not prepared properly. For this reason, if you believe you are eligible and wish to apply, then contact our office.
If you have more general questions, you can find answers to frequently asked questions regarding the new directive here.