Thursday, May 29, 2014

The Hard Truths About Deferred Action

The Hard Truths About Deferred Action

By Lila Bryant


Every single year, thousands of illegal immigrants enter the borders of the United States of America. For all these aliens, the worst that can happen is being discovered by the authorities and prosecuted. Usually, deportation is used as a remedy, but there may be other severe punishments. Fortunately for these aliens, the legislative arm of government passed the Dream Act in 2012. This law makes it possible for certain individuals who entered the country illegally to get a reprieve from deportation in what is known as deferred action.

More commonly known as DACA, the law was enacted on 15th June, 2012. It imposes an order of deferral of removal action on an illegal immigrant. As a result, the departments of immigration and homeland security have the ability to postpone deportation of individuals who meet some provisions of DACA. The provisions of this law are very strict.

In order to be considered a candidate for DACA, there are certain requirements that must be met. The date of entry into the country is a major requirement, and needs to be before the Dream Act came into existence. Secondly, the alien must have been below the age of 16 years during entry. Also, the candidate must have resided in the country for two continuous years before the law was enacted.

While there are many people who may want to apply for this deferral, only a few qualify. This is because the law only applies to individuals who have not exceeded 31 years. Applicants must have also obtained their GED, high school diploma or still be in school. Those who have been discharged from the army, navy, air force, marines or coast guard honorably can also apply.

DACA law works for applicants who have shown the willingness to be patriots. DHS and immigration departments do not want any criminal elements getting a free ticket to live in the US. Applicants with a criminal record will be prosecuted immediately even if they met all the other requirements. Whether it is a misdemeanor or a felony, the full force of law will be imposed.

Among the things that are needed include; government issued ID's, birth certificates, time of entry into the US, proof of continuous residence among other things. In some cases, school transcripts may be required. Providing all the necessary documents will speed up processing by the DHS or the immigration department.

Many think that DACA leads to a permanent US residency or citizenship, but they are misinformed. It has a validity period of two years, and may be renewed when it expires. An extension is available but the authorities usually look at the conduct of these individuals to see whether their application is legit. This means there are no guarantees.

DACA should never be mistaken for permanent residency, legal residency or US citizenship. It is only a deferral of removal action. This means that should anything change, the authorities will go after the applicant. For instance, involvement in criminal activity or anything that may compromise public safety and pose a danger to national security may lead to automatic revocation of the deferral.




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