The grant of deferred action prevents certain undocumented individuals from removal from the United States, provided that they meet a specific set of criteria. Deferred action also grants work authorization for a period of two years.

One must be under the age of 31 to be granted deferred action. The premise of deferred action embraces the fact that undocumented individuals who came to the US at such a young age likely had no control over their migration to the US. As a result, the Department of Homeland Security has decided that if these individuals do not pose a threat to national security, then they are not a priority for deportation. In some states, this policy led to the creation of sister policies such as access to driver's licenses for undocumented individuals and allowing them to obtain certain grants or loans for their education.

In this way, deferred action acts as a catalyst to a more long-term approach to the legalization of undocumented youth in America.

Next steps: Comprehensive Immigration Reform

The next step is to create a long-term solution for these individuals through Comprehensive Immigration Reform.

Comprehensive Immigration Reform is a series of proposals meant to change our current immigration policy. Since 1990, the US government has recognized the importance of family unity in our immigration policy, which is a concept that continues to arise in the current discussions of Comprehensive Immigration Reform.

A working draft of the 2013 proposal conveys the possibility of granting a Lawful Prospective Immigrant status to undocumented immigrants. The requirements for LPI status sound similar to deferred action, but in addition it would create a path for citizenship for many undocumented individuals, as well as provide work authorization along with travel authorization (which deferred action does not grant).

Legal Prospective Immigrant status

Although there is a going to be a wait on LPI status for these undocumented individuals, the path to citizenship was never an easy or short path to begin with. Some legal immigrants wait over 20 years to obtain their green cards prior to applying for citizenship.

LPI status would have a wait time of 13 years, and would allow LPIs to petition for their spouse and children outside the US. Additionally, this status would:

• authorize employment,
• allow travel and reentry,
• protect from detention or removal,
• consider the LPI as lawfully admitted into the US, and
• designate the LPI as lawfully present in the US.

After the grant of LPI status, the Department of Homeland Security will have the authority to adjust the status of an LPI to a Legal Permanent Resident. After five years of LPR status, one could apply for citizenship.

Although there may be more ideal solutions to legalize the undocumented population, LPI status would be a potential fix for the 11 million undocumented individuals in the US, and is a step in the right direction towards the reformation of our immigration policies and laws.

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