The Ins And Outs Of Deferred Action

By Lila Bryant


There is high influx of illegal persons getting into the United States of America every year. The poor thing is that they can be found by the authorities, arrested and prosecuted accordingly. An individual may be deported in some cases, but other forms of punishments are also available. Illegal immigrants now have something to be happy about as a result of the Dream Act. Deferred action is good since a person facing deportation can have his or her case deferred.

DACA, as it is commonly referred to, was passed on June 15, 2012. It is more of a directive than a law. This instruction gives the immigration and national security agencies the powers to defer deportation of individuals who meet a certain criteria. However, there are strict requirements associated with this law.

There are many conditions to be met before an application is approved. Date of entry into the country must have been before the Dream Act was enacted. The illegal entry should have occurred before the applicant turned 16. Also, the candidate must have lived in the country for at least two years before enacting of this law.

Very few people qualify for the deferral, but thousands of people apply. The reason is that, applicants who have exceeded 31 years of age are not eligible to apply for deferral. Other requirements include having a GED, graduating from high school or still pursuing education. Formerly recruited security personnel may also apply if they were honorably discharged.

DACA law works for applicants who have shown the willingness to be patriots. DHS and immigration departments do not want any criminal elements getting a free ticket to live in the US. Applicants with a criminal record will be prosecuted immediately even if they met all the other requirements. Whether it is a misdemeanor or a felony, the full force of law will be imposed.

Some of the things that are required by the authorities include proof of: identity, date of birth, nationality, date of entry and continuous residence for two years before the law was enacted. In some cases, school transcripts and a birth certificate may be sufficient. However, the authorities may ask for more information. It is important to note that the DHS and the USCIS reserve the right to turn down or accept any application.

While DACA is reserved for aliens, not all of them can benefit from it. It is only valid for two years after which the status of the applicant is reviewed and extension granted if needed. The conduct of the applicant will also be checked to ensure that there has not been any criminal activity in the last two years. If the applicant committed any type of crime within the two years, an extension will not be granted, and the authorities will initiate prosecutorial procedures.

DACA should never be mistaken for permanent residency, legal residency or US citizenship. It is only a deferral of removal action. This means that should anything change, the authorities will go after the applicant. For instance, involvement in criminal activity or anything that may compromise public safety and pose a danger to national security may lead to automatic revocation of the deferral.




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