There has been a lot of excitement in the past couple months due to the announcement of a new policy in the Department of Homeland Security and it is natural to wonder what exactly this deferred action thing is. The thing about that, though, is that it seems like even the DHS didn’t have an exceptional grip on what deferred action was until they followed up the original announcement on August 3rd.
Now, the policy has solidified to some extent. The way the government sees it, children who were brought into the United States by their parents illegally were not responsible for breaking the law. Why punish someone who doesn’t even know what they are doing? Children are innocent and to some degree oblivious and not responsible for their actions in terms of immigration law.
So the DHS has decided that they will deprioritize the deportation of certain illegal immigrants so that their energies are better focussed on real criminals intentionally breaking laws. This is what they mean by deferred action. They are simply pushing potential deportation proceedings to a time in the future indefinitely.
However, in order to take advantage of this program people will have to apply to USCIS and have their cases examined to determine whether or not they are fit to remain in the United States and work in some capacity. The USCIS will begin accepting these applications on August 15th and no sooner. Upon review of the applicant’s requirements they will receive work authorization for two years at which time they will have to apply again.
The Department of Homeland Security withholds the right to change any of the conditions of the application or the terms of the policy at any time and it may be possible for one of the other branches of the government, either congress or the judiciary, to strike down this policy for over stepping the department’s boundaries. So be sure to keep up with all the news surrounding the deferred action program in case it changes.
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