NewsFlash! DHS Blanket Prosecutorial Discretion for Persons Brought to U.S. Unlawfully as Children

The Department of Homeland Security (DHS) announced on June 15, 2012 that the United States will no longer seek to remove (deport) certain individuals who were brought to the U.S. while they were under age sixteen. These individuals will be eligible for deferred action (delaying any removal case) for a period of two years, subject to renewal. They will be eligible to request employment authorization.

Eligibility for this prosecutorial discretion requires that an individual:

  • Came to the United States when under the age sixteen
  • Has resided in the U.S. continuously for the last five years
  • Is in school, has graduated from high school, received a GED, or is an honorably discharged U.S. veteran
  • Has not been convicted of a serious criminal offense
  • Is under thirty-one years of age

Details of this memorandum and related developments will be discussed in a future article.

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Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.