Obama's Deferred Action Program and How It Impacts Deportation

September 26, 2012

In recent years, the U.S. Department of Homeland Security (DHS) has shifted gears. As stated on the USCIS (U.S. Citizenship and Immigration Services) website, the new direction of the agency focuses on "public safety, border security and the integrity of the immigration system" by aiming resources toward removal of "individuals who pose a danger to national security or a risk to public safety."

Instead of a broadly sweeping deportation program, the agency is attempting to focus on those individuals that are most likely to pose a threat to citizens. One program that is designed to cut down on the use of DHS deportation resources for low priority cases is the Deferred Action Program.

Deferred Action Program for Young Immigrants

The Deferred Action Program focuses specifically on cases involving children who were brought into the United States. Many of these children entered the country at a very young age and have no memories of their former countries.

An example recently highlighted by the media involved a 21-year-old student at Oklahoma State University and her 20-year-old brother. The children entered the country when they were under the age of 5 and have no recollection of Guatemala, the country they were born in. Instead, the two have immersed themselves in American culture. They attended school and extracurricular activities here and recently graduated from high school.

The young immigrants fought a lengthy legal battle and feared they would have to return to a country they did not know. Ultimately, an immigration appeals court ordered the siblings to leave the country or face deportation.

Shortly after hearing the court's ruling, the young immigrants learned about the Deferred Action Program. The two applied for deferment and both qualified, removing the threat of imminent deportation.

How the Deferred Action Program Works

The USCIS began overseeing Obama's Deferred Action Program in the summer of 2012. The program postpones the deportation of illegal immigrants that arrived in this country when they were only children, in addition to other qualification requirements.

According to the White House, an immigrant must meet a number of criteria to qualify for the program. The factors considered include whether the immigrant:
-Arrived in the U.S. before reaching the age of 16
-Continuously lived in the U.S. from June 15, 2007 to the present
-Is under the age of 31 as of June 15, 2012
-Is currently attending or has completed high school or received a GED
-Has not been convicted of a felony, a significant misdemeanor, three or more misdemeanors or posed any other type of threat


If an mmigrant meets these and other criteria, an application for admittance to the program can be filed with the USCIS. The application requires inclusion of various documents establishing that the immigrant meets the above qualifications, completion of three USCIS forms and payment of fees totaling almost $500. A knowledgeable immigration lawyer can help individuals with the application process.

It is important to note that enrollment in the program does not result in lawful status or citizenship within the United States. It is, as the name implies, a deferment. It buys time for the individual to complete school or receive employment authorization. It is strongly recommended that even if individuals qualify for this program they continue to seek permanent resident status or citizenship.

Navigating through the intricacies of the USCIS application process can be difficult. If you or a loved one is threatened with deportation, it is wise to seek the counsel of an experienced deportation defense lawyer to discuss your situation and better protect your legal rights.

Article provided by Law Offices of Matthew H. Green
Visit us at http://www.arizonaimmigration.net