The DREAM Act is still in debate limbo in the U.S. Congress after repeatedly failing to win approval since its introduction in 2001.  

The DREAM Act (standing for Development, Relief and Education for Alien Minors) sought to provide conditional permanent residency to eligible young illegal immigrants who met certain entry and education requirements put forth by the federal government.  

However, in light of the DREAM Act failing to win approval, the Obama administration has taken steps through a new Department of Homeland Security (DHS) policy to offer temporary protections to those who would have qualified for the DREAM Act.  

President Obama has designated individuals who have committed crimes or pose a national-security risk as the top priority for the enforcement resources of the Department of Homeland Security when it comes to the deportation of illegal immigrants.  

Undocumented individuals who meet the criteria described below and win approval through “consideration of deferred action for childhood arrivals” would be eligible to stay in the United States and possibly receive authorization for employment.  

The deferred action received would be for a period of two years, but the program could be renewed.  The deferment, or temporary suspension, of efforts to remove an illegal individual from the United States would not give that individual a lawful status.  

However, those who win deferred action would not accrue time as an “unlawful presence” for the time period that the deferred action is in effect.  

The DHS would make decisions on potential deferred action on a case-by-case basis.  Individuals will need to provide evidence that they meet the necessary criteria to qualify and fill out forms to be mailed to the USCIS (United States Citizen and Immigration Services).  

An illegal individual seeking consideration for this deferment would need to provide documentation to prove that he or she:

was under the age of 31 as of June 15, 2012;

Came to the United States prior to reaching the age of 16;

Has continuously resided in the U.S. since June 15, 2007; 

Was physically present in the U.S. on June 15, 2012, and at the time of making the request for consideration of deferred action with the USCIS;

Entered without inspection before June 15, 2012, or his or her lawful immigration status expired as of June 15, 2012;

Is currently in school, graduated or received a certificate of completion from high school, obtained a GED certificate, or is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and 

Has not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and does not otherwise pose a threat to U.S. national security or public safety.

While  “deferred action” does not provide a pathway to citizenship, it does lessen the likelihood of enforcement action during the two-year period and could lead to a work authorization.  Qualified individuals interested in gaining consideration for deferred action should collect documents supporting their case and fill out USCIS forms I-821D and I-765 and mail them to the USCIS along with $465 in fees.  

They will then need to visit a local USCIS Application Support Center for a biometrics appointment.  Following those steps, individuals can check the status of their submission online.  

1-800-375-5283 and 1-800-767-1833 (TDD) are the phone numbers to reach the USCIS with questions.  

An informative video and further details can be found at
www.USCIS.gov/childhoodarrivals.  

The “deferred action” offered through this program would ensure that DHS enforcement action is not focused on young people with clean records who are have spent years in this country building a life and pursuing educational goals.