U.S. Department of Justice
Access to Justice Initiative
950 Pennsylvania Avenue, NW, Room 3340
(202) 514-5312
Washington, D.C. 20530
www.justice.gov/atj
Resource Guide on Deferred Action for Childhood Arrivals (DACA)
Resource Guide
In an effort to encourage the dissemination of accurate information regarding DACA and to help
individuals avoid immigration scams and the unauthorized practice of immigration law, we are
providing you with this resource guide which mirrors information found on other U.S. Government
websites.
Introduction
On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to
the United States as children and meet several key guidelines may request consideration of deferred
action for a period of two years, subject to renewal, and would then be eligible for work
authorization. Deferred action is a discretionary determination to defer removal action of an
individual as an act of prosecutorial discretion. Deferred action does not provide an individual with
lawful status.
Guidelines
As described by the Secretary of Homeland Security, you may request consideration of deferred
action for childhood arrivals if you:
1. Were under the age of 31 as of June 15, 2012;
2. Came to the United States before reaching your 16th birthday;
3. Have continuously resided in the United States since June 15, 2007, up to the present time;
4. Were physically present in the United States on June 15, 2012, and at the time of making your
request for consideration of deferred action with USCIS;
5. Entered without inspection before June 15, 2012, or your lawful immigration status expired as of
June 15, 2012;
6. 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 Coast Guard or Armed Forces of the United States; and
7. Have not been convicted of a felony, significant misdemeanor, three or more other
misdemeanors, and do not otherwise pose a threat to national security or public safety.
For more information on this program, visit the U.S. Department of Homeland Security’s (DHS)
U.S. Citizenship and Immigration Services (USCIS) website (www.uscis.gov) and click on the link
for “Consideration of Deferred Action for Childhood Arrivals Process” landing page. The DACA
Web page provides links to all the eligibility guidelines, forms, frequently asked questions (FAQs),
related forms, and statistics. Many of the documents including the FAQs are available in multiple
languages such as Korean, Portuguese, Spanish, and Tagalog.
Don’t Be a Victim of Immigration Scams
For information on avoiding common immigration scams, how to report an immigration services
scam, advice on finding authorized legal help, and educational tools please visit the USCIS Avoid
Scams webpage (www.uscis.gov/avoidscams).
The Executive Office for Immigration Review (EOIR), an office within the Department of Justice,
is tasked with the adjudicating immigration cases by fairly, expeditiously, and uniformly interpreting
and administering the Nation’s immigration laws. EOIR plays an important role in the
Department’s effort to combat immigration scams and provide accurate information about
individuals or organizations that are accredited legal representatives. A sample of legal assistance
information provided by EOIR can be found at these links:
http://www.justice.gov/eoir/UPILFlyer06222011.pdf
http://www.justice.gov/eoir/legalrepresentation.htm
http://www.justice.gov/eoir/probono/probono.htm
Useful Links
U.S. Department of Justice
U.S. Department of Justice Executive Office for Immigration Review
Main Page: http://www.justice.gov/eoir/index.html
Free Legal Services: http://www.justice.gov/eoir/probono/states.htm
U.S. Department of Justice Civil Division: Consumer Protection Branch
Main Page: http://www.justice.gov/civil/cpb/cpb_home.html
Combating Immigration Services Scams: http://www.justice.gov/civil/cpb/notario.html
U.S. Department of Justice Access to Justice Initiative
Main Page: http://www.justice.gov/atj/
U.S. Department of Homeland Security – U.S. Citizenship and Immigration Services
Main page: www.uscis.gov
Spanish Language website: www.uscis.gov/espanol
Deferred Action for Childhood Arrivals: www.uscis.gov/childhoodarrivals
Unauthorized Practice of Immigration Law Initiative: www.uscis.gov/avoidscams
Multilingual Resources: www.uscis.gov/multilingual
Citizenship: www.uscis.gov/citizenship
Federal Trade Commission
Main Page: http://www.ftc.gov/
Scams against Immigrants: www.ftc.gov/immigration
SPANISH : Estafas contra inmigrantes: http://www.consumer.ftc.gov/node/650
CHINESE:
http://www.consumer.ftc.gov/articles/cpdf-0013-avoiding-scams-against-immigrants.pdf 3
(Last updated: February 27, 2013)
CREOLE: Kijan pou Evite Magouy Kont Imigran yo [PDF]
http://www.consumer.ftc.gov/articles/hpdf-0013-avoiding-scams-against-immigrants.pdf
VIETNAMESE: Thông điệp quan trọng từ Ủy Ban Thương Mại Liên Bang
http://www.consumer.ftc.gov/articles/vpdf-0013-avoiding-scams-against-immigrants.pdf
Immigrationlawhelp.org:
DOJ does not endorse or sponsor this website but provides it for informational purposes only.
http://www.immigrationlawhelp.org/
ImmigrationLawHelp.org is a searchable online directory of over 940 free or low-cost nonprofit
immigration legal services providers in all 50 states. Only nonprofits that are Board of Immigration
Appeals recognized or have attorneys on staff are included in the directory. Users can search
ImmigrationLawHelp.org by state, county, or detention facility. Users can also refine their search by
types and areas of legal assistance provided, populations served, languages spoken, other areas of
legal assistance, and non-legal services provided. ImmigrationLawHelp.org was developed by the
Immigration Advocates Network and Pro Bono Net with support from the Four Freedoms Fund
XI. DEFERRED ACTION
A. Discretionary—Deferred action is a discretionary act through the recommendation of a DD and approval of the Regional Commissioner, not to prosecute or deport an alien. It cannot be granted by the IJ. Johnson v. INS, 962 F.2d 579 (7th Cir. 1992). Deferred action is “an act of administrative choice to give some cases lower priority and is in no way an entitlement....” Former O.I. §242.1(a)(22). Although the operations instructions for deferred action have been withdrawn, the relief is still available. See Standard Operating Procedures for Enforcement Officers: Arrest, Detention, Processing, and Removal (Standard Operating Procedures), Part X.; Meissner, Comm., Memo, HQOPP 50/4 (Nov. 17, 2000), published on AILA InfoNet at Doc. No. 00112702. [[Page 1272]]
Among the factors that may be considered are:
- The likelihood of removal;
- The presence of sympathetic factors;
- The likelihood that because of sympathetic factors, adverse publicity will be generated;
- Continued presence is desired by law enforcement for an ongoing investigation or review;
- Whether the individual is a member of a class of deportable aliens whose removal has been given high enforcement priority (e.g., terrorists, drug traffickers).
B. Preclusion of Review—The Supreme Court in Reno v. American-Arab Anti-Discrimination Comm., 525 U.S. 471 (1999), interpreted INA §242(g) as precluding judicial review of deferred action decisions. See also Pasquini v. Morris, 700 F.2d 658 (11th Cir. 1983);Nicholas v. INS, 590 F.2d 802 (9th Cir. 1979); David v. INS, 548 F.2d 219 (8th Cir. 1977); Lennon v. INS, 527 F.2d 187 (2d Cir. 1975).