Deferred action is a temporary “status” that protects someone from being placed in removal. Deferred action under the new policy would allow for a work permit (EAD). Details are sketchy as of today but we know for sure that the following is required to qualify:
- Been in the US for the past five years
- In high school or graduated high school or have GED or honorably discharged from military
- no major crime or multiple minor crimes be under the age of 30
Deferred action will only be granted for 2 years at a time and is not guaranteed to be renewed at the end of the 2 year period. The new CIS memo addresses three areas. For individuals who have are encountered by ICE & CBP, these agencies should exercise prosecutorial discretion on whether to issue NTAs for those who would qualify for this deferred action on a case by case basis. Immigrants who are in removal proceedings but not yet subject to a final order of removal – ICE is instructed to use office of public advocate to identify those who would qualify for deferred action. More info to come. . .
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