Salt Lake Dream Team Press Conference Remarks (8-15-2012)

Deferred action for childhood arrivals is a temporary measure, a directive by Secretary Janet Napolitano issued on June 15, 2012.  It does not confer legal status or provide a path to residence.  This distinguishes it from the DREAM Act.

Deferred action does provide protection from removal or deportation for two years, and it can be renewed in two-year increments.  However, deferred action does not create an open class.  There is a hard end date of June 15, 2012.  Important qualifying criteria, such as the age limit and the five-year continous presence requirement, centers on that date.

Immigration enforcement authorities have limited resources to investigate and begin proceedings against undocumented immigrants.  These authorities have long concentrated on criminal or security threats in the U.S.  Deferred action filters out some low priority cases to better focus resources on those dangers.

The criteria for deferred action are strict.  Some include being able to demonstrate having been born after June 15, 1981, having entered the U.S. before turning 16, having been in the U.S. since June 15, 2007, having been present in the U.S. on June 15, 2012, having been undocumented on June 15, 2012 and having a clean or very minor criminal record.  Warning: driving under the influence, a class B misdemeanor in Utah, is a disqualifying offense.

In addition, deferred action applicants must meet education criteria.  They need to be in school, have graduated from high school, have a GED or high school equivalent or have served honorably in the military.

Deferred action costs $465, and each case is to be considered independently.

Potential applicants are advised to prepare and file calmly, not quickly.  There is no line.  There is no deadline for applications.  Those who qualify and are approved will get deferred action without having to wait on a list.  Immigration authorities and others have warned about those who might try to scam or overcharge applicants.  Haste makes one more vulnerable.  Beware!

Potential applicants should not file fraudulent applications.  In general, and except in cases involving a serious criminal record, deferred action applicants who are rejected will not be referred for removal.  Not so in cases involving fraud, which immediately become priority cases for removal.

Potential applicants should evaluate the costs and benefits of deferred action.  Those who qualify should proceed not in a rush, but with care and caution.