How Deferred Action Works In The US

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.

The US Congress, on 15th June, 2012, passed this bill largely known as DACA which is more of a directive. Department of homeland security and the immigration office is directed accordingly to postpone a deportation order of a particular person provided certain conditions are met. Although many aliens may want to apply, there are tough conditions.

To qualify for DACA, applicants have to meet a number of conditions. The most important condition is the date of entry; it must be before the law was enacted. Secondly, the applicant must have gained illegal entry before the age of 16 years. Thirdly, the applicant must have lived in the country for two consecutive years before the law was enacted.

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 was designed for law abiding individuals only. After all, the agencies tasked with national security do not want any bad elements roaming freely within the US borders. If an applicant meets all the requirements but has a criminal history, he or she will be prosecuted immediately. The nature of the crime or misdemeanor is usually analyzed when processing applications.

The concerned authorities, at the time of application, will need some essential documents including; identification documents, date of birth, country of origin, entry date and proof of two-year continuous stay. Documents to support the information provided like school transcripts and a birth certificate are also important. However, that is not all since more information may be required from the applicants.

While DACA seems like a gift for illegal immigrants, it is not for everyone. It is also not a lifetime pass because it is only valid for two years. An extension may be sought upon expiry of this term. The authorities will still put the applicant under the microscope before granting a renewal. This means renewal is not a guarantee.

DACA should not be confused for citizenship or a permanent. Only a postponement of deportation. Any threat that an individual poses to the US citizens or to the security of the country must be assessed.




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