On June 15, 2012, the Secretary of DHS, Janet Napolitano, issued a memorandum on new prosecutorial discretion standards pertaining to certain illegal aliens. She started by stating that immigrants who were illegally brought to the United States as children “lacked the intent to violate the law” and pose few national security risks. If the individual meets the following criteria, that person will not be deported or removed from the United States as a result of the prosecutorial discretion.
• Came to the United States under the age of sixteen;
• Has continuously resided in the United States for a least five years preceding the date of this memorandum and is present in the United States on the date of this memorandum;
• Is currently in school, has graduated from high school, has obtained a general education development certificate, or is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States;
• Has not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise poses a threat to national security or public safety; and
• Is not above the age of thirty.
For individuals who are granted deferred action by either ICE or USCIS, USCIS shall accept applications to determine whether these individuals qualify for work authorization during this period of deferred action.
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