Monday, July 9, 2012

Practice Advisory for Criminal Defense Attorneys: Certain Criminal Offenses May Bar Persons from Applying for the New Deferred Action Status Program Announced by President Obama

From: Immigrant Legal Resource Center – San Francisco, California

On June 15, 2012, the Obama Administration announced that it would not deport certain undocumented persons who entered the U.S. as children.

The Department of Homeland Security (DHS) has offered some initial guidance on the type of criminal offenses that will make a person ineligible to be granted deferred action.

Deferred action means that, even though the individual is undocumented and subject to deportation, the government agrees to defer any actions to remove them.

So, in essence, even though deferred action does not provide a pathway to getting lawful permanent resident status (a greencard) or citizenship, it will allow young people to remain in the U.S. and apply for a work authorization document from the government that entitles them to legally work in the U.S.

This advisory for criminal defense counsel outlines defense strategies to preserve a client’s possible eligibility for deferred action.

Download here