Deferred Action for Childhood Arrivals (DACA)
On June 15, 2012, Department of Homeland Security (DHS) Secretary Janet Napolitano issued a memorandum to U.S. Customs and Border Protection (CBP), U.S. Citizenship and Immigration Services (USCIS), and U.S. Immigration and Customs Enforcement (ICE) explaining how prosecutorial discretion should be applied to individuals who came to the United States as children. Specifically, the memorandum directs that certain young people who do not present a risk to national security or public safety and meet specified criteria will be eligible to receive deferred action for two years, subject to renewal, and to apply for work authorization. Requests are to be decided on a case-by-case basis, and requesters must pass a background check before they can receive deferred action. The memorandum builds on prior DHS guidance regarding the exercise of prosecutorial discretion in low priority cases.
To establish eligibility for DACA, individuals must demonstrate that they:
1. Were under the age of 31 on June 15, 2012;
2. Arrived in the United States before turning 16;
3. Continuously resided in the United States from June 15, 2007, to the present;
4. Were physically present in the United States on June 15, 2012, as well as at the
time of requesting deferred action from USCIS;
5. Entered without
inspection before June 15, 2012, or any lawful immigration status expired on or before June 15, 2012;
6. On the date of the request, are in school, have graduated or obtained a certificate
of completion from high school, have obtained a general education development
(GED) certificate, or are honorably discharged veterans of the U.S. Coast Guard or
the U.S. Armed Forces;
7. Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors occurring on different dates and arising out of different acts, omissions, or schemes of misconduct, and do not otherwise pose a threat to national security or public safety.
Mrs. Hall welcomes the opportunity to talk with you to evaluate your eligibility