DACA Attorney Explains Deferred Action

We have all heard of the new DACA program, but what is deferred action?

On June 15, 2012, the Department of Homeland Security (DHS) Secretary Janet Napolitano issued a memorandum to U.S. Citizenship and Immigration Services (USCIS), U.S. Customs and Border Protection (CBP), and U.S. Immigration and Customs Enforcement (ICE) explaining how prosecutorial discretion should be applied to individuals who came to the United States as children.

Deferred action is a discretionary decision made by DHS not to pursue enforcement against certain young people for a specific period of time.  Individual who are granted deferred action are considered by DHS to be lawfully present during the period deferred action is in effect.  In addition, those who qualify for deferred action will be eligible for work authorization, and depending on your state, possibly a driver’s licenses.  Currently, North Carolina issues driver’s licenses to deferred action participants.  To learn more about the requirements for deferred action participants to obtain a NC driver’s license click here.


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