<p>In a major announcement, the USCIS announced a new amnesty policy which grants benefits from deportation and other administrative relief to certain illegal aliens, mainly minors who came to the United States illegally.</p>
<p>In her press release, USCIS Director Janet Napolitano has stated:</p>
<p>"WASHINGTON— Secretary of Homeland Security Janet Napolitano today announced that<br />effective immediately, certain young people who were brought to the United States as young<br />children, do not present a risk to national security or public safety, and meet several key criteria<br />will be considered for relief from removal from the country or from entering into removal<br />proceedings. Those who demonstrate that they meet the criteria will be eligible to receive<br />deferred action for a period of two years, subject to renewal, and will be eligible to apply for<br />work authorization.<br />“Our nation’s immigration laws must be enforced in a firm and sensible manner,” said Secretary<br />Napolitano. “But they are not designed to be blindly enforced without consideration given to the<br />individual circumstances of each case. Nor are they designed to remove productive young people<br />to countries where they may not have lived or even speak the language. Discretion, which is used<br />in so many other areas, is especially justified here.”<br />DHS continues to focus its enforcement resources on the removal of individuals who pose a<br />national security or public safety risk, including immigrants convicted of crimes, violent<br />criminals, felons, and repeat immigration law offenders. Today’s action further enhances the<br />Department’s ability to focus on these priority removals.<br />Under this directive, individuals who demonstrate that they meet the following criteria will be<br />eligible for an exercise of discretion, specifically deferred action, on a case-by-case basis:<br />1.) Came to the United States under the age of sixteen;<br />2.) Have continuously resided in the United States for a least five years preceding the date of<br />this memorandum and are present in the United States on the date of this memorandum;<br />3.) Are currently in school, have graduated from high school, have obtained a general<br />education development certificate, or are honorably discharged veterans of the Coast<br />Guard or Armed Forces of the United States;<br />4.) Have not been convicted of a felony offense, a significant misdemeanor offense, multiple</p>
<p>misdemeanor offenses, or otherwise pose a threat to national security or public safety;</p>
<p>5.) Are not above the age of thirty.<br />Only those individuals who can prove through verifiable documentation that they meet these<br />criteria will be eligible for deferred action. Individuals will not be eligible if they are not<br />currently in the United States and cannot prove that they have been physically present in the<br />United States for a period of not less than 5 years immediately preceding today’s date. Deferred<br />action requests are decided on a case-by-case basis. DHS cannot provide any assurance that all<br />such requests will be granted. The use of prosecutorial discretion confers no substantive right,<br />immigration status, or pathway to citizenship. Only the Congress, acting through its legislative<br />authority, can confer these rights.<br />While this guidance takes effect immediately, USCIS and ICE expect to begin implementation of<br />the application processes within sixty days. In the meantime, individuals seeking more<br />information on the new policy should visit USCIS’s website (at www.uscis.gov), ICE’s website<br />(at www.ice.gov), or DHS’s website (at www.dhs.gov). Beginning Monday, individuals can also<br />call USCIS’ hotline at 1-800-375-5283 or ICE’s hotline at 1-888-351-4024 during business hours<br />with questions or to request more information on the forthcoming process.<br />For individuals who are in removal proceedings and have already been identified as meeting the<br />eligibility criteria and have been offered an exercise of discretion as part of ICE’s ongoing caseby-<br />case review, ICE will immediately begin to offer them deferred action for a period of two<br />years, subject to renewal."</p>
<p>This new policy is estimated to effect about 800,000 illegal aliens now residing in the US.  The new policy has resulted in controversy and criticism by some advocacy groups.</p>
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