Following the DHS’ announcement on August 3, 2012 of more details about the application guideline/method for deferred action under DACA (Deferred Action for Childhood Arrivals), the American Immigration Lawyers Association (AILA) immediately released the “Top 8 Items from DHS Announcement on Deferred Action.” The top 8 items are:
(1) In a change from the prior announcement, people currently in removal proceedings will use the USCIS process when it is implemented on August 15, 2012, rather than go through ICE. Only individuals in detention will go through ICE to make a deferred action request.
(2) Information provided as part of the deferred action request process is protected from disclosure to ICE or CBP for purposes of removal proceedings unless the requestor meets the criteria of USCIS' November 2011 NTA memo.
(3) If a departure from the U.S. was due to removal, voluntary departure, etc., the absence was not brief, casual and innocent and would interupt the continuous residence that is required since June 15, 2007. Short absences before August 15, 2012, reasonably calculated to accomplish the purpose of the trip, would not be interuptive.
(4) Only people who are currently not in status and were not in any lawful status on June 15, 2012 are eligible.
(5) A "significant misdemeanor" is one for which the individual was sentenced to more than 90 days, or a conviction for domestic violence, sexual abuse, burglary, firearm violation, drug distribution or trafficking (but not possession), or DUI, regardless of the sentence.
(6) Minor traffic offenses, such as driving without a license, are not considered misdemeanors that count toward the "3 or more" standard.
(7) The Form I-765 will be required, along with another form that will be made available on August 14 or 15. Total fees, including biometics, will be $465. Fee waivers will not be available, but fee exemptions will be permitted in very limited circumstances, and must be requested and approved before submitting a deferred action application without a fee.
(8) Whether a person has reached age 15, and whether the requestor meets the education requirements, will be determined as of the date the request for deferred action is filed, NOT the June 15, 2012 date.