Deferred action is a broad term used by U.S. immigration offices, and it can apply to many different individuals' situations. According to the USCIS, deferred action is (in general) "a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion.
What is deferred action?
Deferred action is granted at the Department of Homeland Security (DHS)'s discretion. Deferred action is most commonly granted to immigrants who are not an immediate priority for removal from the United States; it can be more efficient for the immigration enforcement agencies to focus their energy and resources on the removal of those who present a threat to the U.S.
An individual who has received a grant of deferred action is authorized to reside in the U.S. during the period of deferment; however, he or she cannot claim lawful status during this time. Deferred action does, however, grant an individual lawful presence in the U.S.; this means that you are not continuing to accrue unlawful presence, which could later render you inadmissible to the U.S. if and when you apply for permanent legal status.
Immigrants who have received a deferred action grant may be eligible to obtain employment authorization (EAD). This distinction can vary from case to case, and depends on an individual's ability to demonstrate "economic necessity for employment (according to the USCIS).
Deferred Action for Childhood Arrivals
In June of 2012, the Secretary of Homeland Security issued a memorandum identifying a method for certain undocumented immigrants to receive relief from deportation. Deferred Action for Childhood Arrivals (or DACA) is a specific type of deferred action which applies to certain people who came to the U.S. as children and who meet a set of specific guidelines, as follows:
- You were under the age of 31 on June 15, 2012;
- You came to the United States prior to your 16th birthday;
- You have continuously resided in the United States since June 15, 2007 and up until the present time;
- You were physically present in the United States on June 15, 2012, as well as at the time of filing your application;
- You entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
- You are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Cost Guard or Armed Forces of the United States; and
- You have never been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and you do not otherwise pose a threat to national security or public safety.
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