Congressman Rubén Hinojosa (D-TX-15) released the following statement on the announcement by President Obama that his Administration will halt the deportation of certain young people who were brought to the United States as children and do not represent a risk to national security or public safety. Under the executive order, those who meet the criteria will also be eligible to apply for work authorization.
"What this administration has done is a step in the right direction but it is just the beginning. We must all recognize the fact that these young Dream Act students are Americans and should be treated as such and that includes the rights all U.S. citizens enjoy. During a Democratic majority, we in the House of Representatives voted to pass the Dream Act, but unfortunately it was the Senate that halted the American Dream for these children. The wrong must be made right. They deserve a path to U.S. citizenship without fear of reneging or reprisal."
Through the Department of Homeland Security (DHS) Director, Janet Napolitano, the administration states that effective immediately, certain young people who were brought to the United States as young children, do not present a risk to national security or public safety, and meet several key criteria will be considered for relief from removal from the country or from entering into removal proceedings. Those who demonstrate that they meet the criteria will be eligible to receive deferred action for a period of two years, subject to renewal, and will be eligible to apply for work authorization.
DHS continues to focus its enforcement resources on the removal of individuals who pose a national security or public safety risk, including immigrants convicted of crimes, violent criminals, felons, and repeat immigration law offenders. Today's action further enhances the Department's ability to focus on these priority removals.
Under this directive, individuals who demonstrate that they meet the following criteria will be eligible for an exercise of discretion, specifically deferred action, on a case-by-case basis:
1.) Came to the United States under the age of sixteen;
2.) Have continuously resided in the United States for a least five years preceding the date of this memorandum and are present in the United States on the date of this memorandum;
3.) Are currently in school, have graduated from high school, have obtained a general education development certificate, or are honorably discharged veterans of the Coast
Guard or Armed Forces of the United States;
4.) Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety;
5.) Are not above the age of thirty.
Only those individuals who can prove through verifiable documentation that they meet these criteria will be eligible for deferred action. Individuals will not be eligible if they are not currently in the United States and cannot prove that they have been physically present in the United States for a period of not less than 5 years immediately preceding today's date. Deferred action requests are decided on a case-by-case basis. DHS cannot provide any assurance that all such requests will be granted. The use of prosecutorial discretion confers no substantive right, immigration status, or pathway to citizenship. Only the Congress, acting through its legislative authority, can confer these rights.
While this guidance takes effect immediately, USCIS and ICE expect to begin implementation of the application processes within sixty days. In the meantime, individuals seeking more information on the new policy should visit USCIS's website (at www.uscis.gov), ICE's website (at www.ice.gov), or DHS's website (at www.dhs.gov). Beginning Monday, individuals can also call USCIS' hotline at 1-800-375-5283 or ICE's hotline at 1-888-351-4024 during business hours with questions or to request more information on the forthcoming process.
For individuals who are in removal proceedings and have already been identified as meeting the eligibility criteria and have been offered an exercise of discretion as part of ICE's ongoing case-by- case review, ICE will immediately begin to offer them deferred action for a period of two years, subject to renewal.