ALERT: DREAMers should NOT apply affirmatively for Deferred Action at this time.

Steer your clients & community to AILA’s consumer protection website for FAQ’s, advisories and news clips to clarify who is authorized to assist in immigration matters, and where to get help if harmed by a scammer. Spread the word. ¡Pare el Fraude!

USCIS and ICE has stated that they will begin accepting affirmative applications by mid-August—stay tuned to this page for information about when this affirmative process will be available.

Individuals who face imminent removal from the United States and who believe they can demonstrate that they satisfy the eligibility criteria should immediately contact:

• Law Enforcement Support Center’s hotline at 1-855-448-6903 (staffed 24 hours a day, 7 days a week);
• ICE Office of the Public Advocate through the Office’s hotline at 1-888-351-4024 (staffed 9am – 5pm, Monday – Friday) or by e-mail at EROPublicAdvocate@ice.dhs.gov.

Individuals who meet the following criteria from Secretary Napolitano’s June 15, 2012 memorandum will be considered for deferred action:

• Have arrived in the U.S. when they were under the age of sixteen;
• Have continuously resided in the U.S. for at least five years prior to June 15, 2012 and have been present in the U.S. on June 15, 2012;
• Currently be in school, have graduated from high school, have a GED, or be an honorably discharged veteran of the U.S. Coast Guard or the U.S. Armed Forces;
• Not have been convicted of a felony offense, a “significant misdemeanor offense,” three or more non-significant misdemeanors, or otherwise pose a threat to national security or public safety; and
• Have been under thirty-one years old on June 15, 2012.

The deferred action offer will be available to those in proceedings, as well as those who apply affirmatively. [NOTE: Individuals who are NOT in proceeding should NOT apply affirmatively at this time.]

• DHS Memo Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children – June 15, 2012
• Official DHS Frequently Asked Question on the Napolitano Memo – AILA InfoNet Doc. No. 12061545. (Posted 6/15/12)
• Department of Homeland Security Press Release – June 15, 2012
• Official Transcript of the Remarks by the President on the DHS Memo Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children. AILA InfoNet Doc. No. 12061661
• Immigration and Customs Enforcement Website
• U.S. Citizenship and Immigration Services
• Stakeholder Conference Call Invitation: DHS invitation for 7/9/12 national stakeholder conference call regarding June 15, 2012 memorandum from Secretary Janet Napolitano. AILA InfoNet Doc. No. 12070248.

• AILA Press Statement, AILA Praises Deferred Action Announcement AILA InfoNet Doc. No. 12061533 (Posted 6/15/12)
• AILA Consumer Advisory: Deferred Action for Certain Young Immigrants: Don’t Get Scammed! AILA InfoNet Doc. No. 12062148. (Posted 06/21/12)
• AILA Responds to DHS Deferred Action Announcement – Frequently Asked Questions with AILA President Laura Lichter. AILA InfoNet Doc. No. 12061847. (Posted 6/18/12)
• AILA Sign on Letter to Secretary Napolitano offering policy and operational recommendations on the new initiative. AILA InfoNet Doc. No. 12062655. (Posted 06/26/12)
• A 06/28/2012 practice advisory from AILA and the Legal Action Center of the AIC on deferred action for certain young people who came to the United States as Children.

• Relief for DREAMers: Talking Points and Resources for Advocates on Deferred Action for Undocumented Youth AILA InfoNet Doc. No. 12061845
• Write a Letter to the Editor using our media tool on Deferred Action for DREAMers. We’ve drafted messaging points for you, all you have to do is choose a local paper, edit and hit send. Here’s your chance to voice your opinion of President Obama’s policy to grant relief to undocumented youth.
• AILA’s Special Podcast on Deferred Action for Certain Immigrant Youth featuring Laura Lichter and David Leopold

• Deferred Action for Immigrant Youth: A Q&A Guide from the Immigration Policy Center
• FAQs on what your criminal history can mean when applying for deferred action by the National Immigration Project. AILA InfoNet Doc. No. 12062241. (Posted 06/22/12)
• Immigration Impact blog: President Obama to Halt Removal of DREAMers
• Law Professors Letter on Executive authority to grant administrative relief for DREAM Act beneficiaries. AILA InfoNet Doc. No. 12061550
• Obama Immigration Policy Favored 2-to-1 by Likely Voters a news article by Bloomberg Business Week.
• Jon Stewart of the Daily Show takes on President Obama’s policy change for DREAMers
• Obama to announce U.S. will stop deporting some young illegal immigrants a news article by the Sacramento Bee
• Practice Advisory for Criminal Defenders from the Immigrant Legal Resource Center outlines defense strategies to preserve a client’s possible eligibility for deferred action. AILA Doc. No. 12070240.

• A 06/19/12 letter from Senator Grassley (R-IA), and signed by 19 other Republican Senators, questioning the President’s Authority to Provide Limited Relief to DREAMers. AILA Doc. No. 12062153
• In 1999 Representatives Smith, Sensenbrenner and others sent a letter to Attorney General Reno and INS Commissioner Meissner expressing concern about “deportations that were unfair and resulted in unjustifiable hardship” and urging them to use discretion in removals. AILA Doc. No. 12062831.
• A 7/3/12 letter from Rep. Smith (R-TX) to ICE Director Morton expressing concern about fraud and requesting clarification regarding the deferred action policy for certain undocumented youth. AILA Doc. No. 12070347.