Today, Secretary of Homeland Security Janet Napolitano announced a new benefit of great importance to persons who are not older than 30 years of age and who were brought to the U.S. unlawfully before they reached the age of 16. Those who satisfy the criteria set out in this new policy will be afforded deferred action for a period of two years, subject to renewal, on efforts to remove them from the country or entering into removal proceedings. More importantly, the Department of Homeland Security will provide work authorization to individuals who qualify for this benefit. Under the new directive announced today, individuals who demonstrate that they meet the following criteria will be eligible for an exercise of deferred action on a case by case basis:
- Entered the U.S. before the age of 16
- Have continuously resided in the U.S. for at least 5 years and are present as of today’s announcement
- Are currently in school, have graduated from high school, have obtained a GED or are honorably discharged veterans of the armed forces
- Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses or otherwise pose a threat to national security or pubic safety
- Are not above the age of 30