FAQ: Obamas New DREAM Policy

On June 15, the Obama Administration announced a new policy with regard to students who would have qualified for the DREAM Act. This new policy will grant deferred action to immigrant youth who meet certain requirements. This policy is not in effect yet and will not be implemented until August 14, 2012 at the soonest. This is not a new law and could be reversed if/when a new administration comes into office. WHAT IS THIS NEW POLICY? Under this new policy, immigrant youth who meet the requirements will be eligible for a favorable grant of prosecutorial discretion on a case-by-case basis. Qualified youth in deportation proceedings will have their cases closed, qualified youth who have encounters with Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP) will not be placed in immigration proceedings, and qualified youth will be able to apply with US Citizenship and Immigration Services (USCIS) for deferred action. Eligible individuals will be able to apply for work authorization with USCIS. A grant of deferred action will be effective for two years and will be renewable. Individuals who received a grant and wish to renew will have to reapply both for deferred action and for work authorization. Because the administration is giving the relevant agencies 60 days to develop an implementation plan, details on how this process will work will not be available until August 14 at the earliest. Eligible youth who apply before this date will have their applications rejected. WHO QUALIFIES? Immigrants eligible for prosecutorial discretion are those who: 1) entered the United States before their 16th birthday; 2) had continually resided in the United States since June 15, 2007; 3) are currently in school, have graduated from high school, has obtained a GED, or has been honorably discharged from the US Armed Forces; 4) has not been convicted of a felony, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety; and 5) is not above the age of 30. Immigration general considers a felony to be any crime for which the sentence can be one year or more, no matter what the individual was actually sentenced to. It is not yet clear what is meant by a significant misdemeanor. We are hoping for more clarity on this once the implementation plan is finalized. As with all immigration applications, all applicants will be subject to an FBI background check to verify their criminal history. Will there be fees associated with the application? Probably, but we are not sure yet. Current fees for Form I-751, Application for Employment Authorization, are $380. Applications could also include an $85 biometrics fee. Applicants might also qualify for a fee waiver.

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