Definition of “deferred action”The term “deferred action” as discussed in our previous blog post is an administrative discretionary act, not to prosecute or deport a particular alien for a specific period of time, usually for extraordinary humanitarian or law enforcement purposes. According to the new Deferred Action Announcement, certain young people who were brought to the United States without inspection as young children, do not present a risk to national security or public safety, and meet several key criteria will not be prosecuted and be eligible to receive deferred action for a period of two years, subject to renewal, and will be eligible to apply for work authorization. These young illegal immigrants are eligible for deferred action based on Immigration’s reasoning of humanitarian reasons if they:
- have come to the United States under the age of sixteen;
- have continuously resided in the United States for at least five years preceding June 15, 2012 and are present in the United States on June 15, 2012;
- currently be in school, have graduated from high school, have obtained a general education development certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States;
- have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety;
- not be above the age of thirty.