Deferred Action for Childhood Arrivals (DACA) Memorandum

In June 2012, Obama announced that he would support the Deferred Action for Childhood Arrivals (DACA), a form of prosecutorial discretion. The memorandum states that children who entered before June 15 2012, and before they turn 15 years old, could be granted authority to work and lawful status for a period of two years.

DHS’s mandates that individuals must meet the following conditions in order to qualify for deferred action:

1. Came to the United States under the age of sixteen;
2. Have continuously resided in the United States for a least five years preceding the date of this memorandum and are present in the United States on the date of this memorandum;
3. Are currently in school, have graduated from high school, have obtained a general education development certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States;
4. Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety;
5. Are not above the age of thirty.

Illegal immigrants who meet this criteria will have legal status for two years in the US, but will have to reapply every two years. They will also be able to apply for work authorization. However, this is not a direct pathway to citizenship or permanent residency.

Read more on my blog:
Obama Administration to Stop Deportation of some Children of Illegal Immigrants
Deferred Status for Dreamers
Post-DACA, Illegal Immigrants Face Challenges in Arizona
Employer Liability on DACA Issues
Health Law Limitations for Young Immigrants
Employers Could Admit to ‘Knowingly’ Hiring

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