On Friday, June 15, 2012, Homeland Security Secretary Janet Napolitano announced a new deferred action policy in an Executive Order signed by President Obama which will halt deportations and provide work authorization to certain illegal immigrants.

The new policy, based on the legislation known as the â€SDREAM act,†will allow certain illegal immigrants under the age of thirty to obtain work authorization in the United States.  This latest policy is aimed at assisting the thousands of young people who were brought to the United States illegally as children who have been educated in the United States and who pose little-to-no national security risk.  It may also halt the removal proceedings for certain eligible individuals who have already been or may be detained.  Individuals who qualify for this program will receive deferred action for a period of up to two years, subject to renewal, and will be eligible to apply for work authorization.

In order to qualify for deferred action under this Executive Order, an individual must be able to demonstrate that he or she meets all of the following requirements:

  1. That he or she entered the United States before the age of sixteen (16);
  2. That on June 15, 2012, he or she is currently present in the United States and has lived continuously in the United States for at least five years;
  3. That he or she is currently enrolled in school, has graduated from high school in the United States, has obtained a general education development (â€SGEDâ€) certificate, or is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States;
  4. That he or she has 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
  5. That he or she is not above the age of thirty (30).

The United States Citizenship and Immigration Service (USCIS) will handle applications for work authorization on a discretionary case-by-case basis.  USCIS will begin processing work authorization applications within the next sixty (60) days, after specific procedures have been announced.  Note:  This new policy does not confer any substantive rights, immigration status, or pathway to citizenship.

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