On June 15, 2012, the Department of Homeland Security formally announced that it will offer deferred action to “DREAMers.”  However, those NOT currently in proceedings should not affirmatively apply for Deferred Action at this time.  This means that if you are not in the process of being removed from the U.S. already, wait until DHS has time to work out the process for applying for deferred action.  This process is expected to be finalized sometime in August.
If you are already in proceedings and believe you can demonstrate that you satisfy the eligibility criteria for deferred action, you should immediately contact either the Law Enforcement Center’s hotline (1-855-448-6903) or Immigration and Customs Enforcement Office of the Public Advocate at 1-888-351-4024 or by email at EROPublicAdvocate@ice.dhs.gov.
Eligible individuals must meet all of the following criteria:

  • Have arrived in the U.S. when they were under the age of 16;
  • Have continuously resided in the U.S. for at least five years prior to June 15, 2012 AND been physically present in the U.S. on June 15, 2012;
  • Currently be in school, have graduated from high school, have a GED, or be an honorably discharged verteran of the U.S. Coast Guard or the U.S. Armed Forces;
  • Not have been convicted of a felony offense, a “significant misdemeanor offense,” three or more non-significant misdemeanors, or otherwise pose a threat to national security or public safetly; and
  • Have been under 31 years old on June 15, 2012.

This process does NOT provide a pathway to citizenship but does allow for individuals to apply for Work Authorization.  It is anticipated that deferred action will be renewable in two year increments.
Page Summary:  DREAMers not currently in proceedings should wait for more information from DHS before attempting to apply for deferred action.