### DHS/USCIS continues to make ongoing, important policy changes and processing updates regarding “Deferred Action” or “DACA” cases, per executive directives by President and his administration and/or Federal Court(s) as required by law ###
- USCIS should be adjudicating, on an individual, case-by-case basis—properly filed pending DACA initial and renewal requests and associated applications for Employment Authorization Documents that have been accepted by the Department as properly filed.
- USCIS will reject improper or untimely filings, in keeping with any policy or guidance (including any federal court orders) in effect at the time of receipt of any DACA application.
- USCIS will continue to exercise its discretionary authority to terminate or deny deferred action at any time when immigration officials determine termination or denial of deferred action is appropriate.”
“Deferred Action”, also referred to commonly as “DACA”, amounts to an excercise of favorable discretion by the authorities, which allows an individual to remain temporarily in the United States and apply for work authorization. It does not confer any kind of permanent residence, nor can it be seen as a form of amnesty. Under this new initiative, deferred action would be granted for two year increments and would be renewable.
According to DHS, people may apply for deferred action if they meet all the following criteria:
- Were under the age of 31 as of June 15, 2012;
- Came to the United States before reaching your 16th birthday;
- Have continuously resided in the United States since June 15, 2007, up to the present time;
- Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
- Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
- Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
- Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
Individuals were able to begin to request consideration of deferred action for childhood arrivals on or after August 15, 2012.
Specifically, DHS advises that:
- Effective immediately, ICE, CBP, and USCIS agents should not place individuals into removal proceedings who meet the above criteria.
- For those already IN immigration proceedings and who have been offered administrative closure under the previous prosecutorial discretion program, ICE will begin making determinations about deferred action immediately. For other persons who are in removal proceedings, ICE is directed to implement the program within 60 days.
- For those NOT in removal proceedings, which is the vast majority of individuals affected by the new announcement, USCIS has been directed to devise a plan within 60 days that allows people 15 and older to affirmatively apply for both deferred action and work authorization (those granted deferred action through ICE will apply to USCIS for work authorization as well). People with final orders of removal will also apply to USCIS.
Individuals requesting consideration of deferred action for childhood arrivals must submit Form I-821D, Consideration of Deferred Action for Childhood Arrivals, Form I-765, Application for Employment Authorization (with accompanying fees); and an I-765WS, Worksheet.
Last Revision: 2024-10-4