Deportation Deferral Memo (Part 1 of 2)

Posted by Matthew Green | Nov 24, 2014 | 0 Comments

Deferred action will now be extended to additional childhood arrivals under DACA, as well as the parents of U.S. citizens or lawful permanent residents.

Deferred Action for Childhood Arrivals

Previously, deferred action for childhood arrivals (DACA) was available to those who were under the age of 31 as of June 15, 2012, entered the country before June 15, 2007 as children under the age of 16, and met educational and public safety criteria.  DACA provided deferral for a period of two (2) years, and a renewal period for an additional two years.  Now, DACA will no longer have the age cap, and the date-of-entry requirement will be adjusted.  Additionally, work authorization has been expanded from two-years to three-years.  Renewals will also be extended to three-years.

Based on these changes, individuals can apply for DACA deferral if they:

  1. Entered the U.S. before the age of 16; and
  2. Entered the U.S. before January 1, 2010.

The United States Citizenship and Immigration Services (USCIS), will begin accepting applications under the new DACA criteria from applicants no later than ninety (90) days from the memo date, (no later than February 18, 2015).

Deferred Action for Parents of Citizens or LPRs

In addition to expanding DACA to more childhood arrivals, deportation deferral will now extend to parents of U.S. citizens and lawful permanent residents.  Upon approval, those eligible will be able to apply for work authorization for the period of deferred action.  On a case-by-case basis, this will now include individuals who:

  1. Have a son or daughter who is a U.S. citizen, or lawful permanent resident;
  2. Have lived in the U.S. since before January 1, 2010;

  3. Were in the U.S. at the date of the announcement (November 20, 2014);

  4. Are in the U.S. on the date of their deferral application to USCIS;

  5. Do not have lawful status as of November 20, 2014;

  6. Are not an enforcement priority under the Policies for the Apprehension, Detention and Removal of Undocumented Immigrants memorandum; and

  7. Present no additional factors that make deportation deferral inappropriate at the discretion of the Department of Homeland Security (DHS).

For those who meet the above requirements, they are required to file an application for deferred action.  This will allow them to gain work authorization and deferred deportation for a period of three (3) years.  That application process will require the applicant to :

  1. Submit biometrics for USCIS to conduct a background check; and
  2. Pay work authorization application and biometrics fees, approximately $465.  (There will be no fee waivers and limited fee exemptions).

The USCIS, will begin accepting applications under the this criteria no later than one hundred and eighty (180) days from the memo date, (no later than May 19, 2015).

The president's deportation deferral memo can be read in full here.

About the Author

Matthew Green

Managing Attorney. The Law Offices of Matthew H. Green focuses on the aggressive defense of immigrants. A native of Arizona, Mr. Green understands the difficulties that immigrants and families of immigrants face when a loved one is charged with a crime. He knows how frightening it can be for some...

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