Dream Act Lite

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Immigration reform is once again in the news, with the announcement last week that the Obama administration plans to open up a program of deferred action for those people who would have benefited from the DREAM Act legislation, which has thus far failed to become law.  I like to think of this as the DREAM Act "Lite" since it accomplishes some of the objectives of the DREAM Act without offering full legal benefits to anyone. As of the time of this writing, we don't know the specifics of this program, but you can find out the latest information here.   The USCIS website has a great deal of information, including frequently asked questions about the program.  As always, this is the best, most reliable source of up-to-date information.  News reports and other sources often contain misinformation, so do go to the source:  www.uscis.gov.

In a nutshell, the program will require proof of presence in the United States before age 16, PLUS:

• proof of current enrollment in school, or 
• proof of completion of high school or a GED program, or
• enrollment and/or honorable discharge from the military

Applicants must be under 30 (whether applicants who turn 30 in the 60-day window between the announcement and the start of the program will also be included is an unknown at this point), and must have been in the US on the date the program was announced (June 15).  Further, people who have been convicted of certain crimes are excluded (interestingly, the language being used by USCIS to describe the crimes that will make someone ineligible are not consistent with the usual approach to categorizing criminal convictions--in this case, some misdemeanors will mean that the person is ineligible, so I would strongly suggest that anyone with a criminal record consult an immigration attorney before proceeding.  Since deporting aliens with criminal convictions is a strong priority, it may be inadvisable for someone with even a seemingly minor conviction to apply for relief under this program without a clear understanding of the risks).

There will be records requirements, which I can imagine will make the application somewhat more difficult for people.  School records, medical records, service records, etc. will all be required to prove compliance with the various requirements.  Since we have 60 days before the application procedures are published, you should have time to start gathering these records now.

There is some indication that employment authorization will be based on "economic necessity," but it is not yet clear what will need to be provided, if anything, to prove that necessity.  Generally, in deferred action cases now, employment authorization is granted as a matter of course, but this program may have different requirements.  Also, employment authorization documents typically take 90 days to be produced, so be prepared for at least that long a wait once your application is submitted.

I'll publish additional news on this program as it becomes available, but in the meantime, if you have questions, please feel free to contact me at christina@cruddenlegal.com, or by phone to (267) 536-9127.