BOTH the President and the Department of Homeland Security (DHS) have recently issued statements urging people who may qualify for deferred action status and work authorization under the DREAM Policy initiative to gather evidence necessary to prove the five requirements for DREAM treatment. Since perhaps more than one million people could potentially benefit from this new policy, the DHS is anticipating receiving a deluge of applications one filing procedures are set by August 15, 2012. Applicants interested in benefits under this policy are advised to gather evidence and avoid immigration consultants and “notaries” who have been disseminating misinformation as to the purpose and benefits of this new program.
On Friday, June 15, 2012, DHS Secretary Janet Napolitano announced that the DHS would consider granting deferred action status (DAS) to many young people in the US who would have qualified for the ill-fated DREAM ACT. In the absence of any Congressional movement on Immigration Reform and Congress’ repeated failure to pass the DREAM ACT, this administrative policy reform came as a welcome surprise to those it will benefit, who had all but given up hope to attend college in the US, get a degree and fulfill their dreams in the US. There are an estimated 1,000,000,000 people living in the US who may potentially qualify for DAS under this new policy initiative.
Continuing with a theme of directing the DHS to exercise its “prosecutorial discretion” in cases involving low law enforcement priority immigrants launched in 2011 with the “Morton Memo,” the new “Napolitano Memo” extends benefits not only to people currently facing deportation in Court, but also will extend to young immigrants who have not yet been placed in removal proceedings. On a case-by-case basis, the Napolitano initiative will make eligible for deferred action status individuals who: (1) Came to the US under the age of 16; (2) have continuously resided in the US for at least 5 years preceding June 15, 2012 and remain present in the US; (3) are currently attending school, have already graduated high school or obtained a GED, or are honorably discharged veterans of the US armed forces or Coast Guard; (4) have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses or otherwise pose any threat to national security or public safety; and (5) are not above the age of 30.
Any application made for benefits under this program, which include DAS and work authorization, will require extensive, verifiable documentation that all criteria are met. DHS has stated that it cannot guarantee that all requests for DAS will be granted and has made clear that DAS is not an amnesty, legal status, or path to Citizenship and confers no other legal rights.
The new process is effective immediately, such that individuals in removal proceedings may seek DAS for a period of two years, with possible renewal, and have their cases terminated. DHS has indicated that further guidance will follow, with the program expected to be fully implemented by August 15, 2012. Individuals who believe they may qualify for DAS under this program are advised to gather any and all evidence tending to establish the 5 criteria outlined above and consult with competent counsel before submitting any application or documentation to DHS regarding their immigration status in the US.
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Daniel P. Hanlon is a California State Bar Certified Specialist in Immigration and Nationality Law and a principal of Hanlon Law Group, PC, located at 225 S. Lake Ave., 11th Floor in Pasadena, California; Tel. No. (626) 585-8005. Hanlon Law Group, PC is a “full-service Immigration Law firm.” E-mail: [email protected] and www.hanlonlawgroup.com.
