Who is eligible? Those who:
- Were under the age of 31 as of June 15, 2012;
- Came to the United States before reaching your 16th birthday;
- Have continuously resided in the United States since June 15, 2007, up to the present time;
- 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;
- Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
- 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
- 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.
What is a significant misdemeanor?
For the purposes of this process, a significant misdemeanor is a misdemeanor as defined by federal law (specifically, one for which the maximum term of imprisonment authorized is one year or less but greater than five days) and that meets the following criteria:
Regardless of the sentence imposed, is an offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or, driving under the influence; or,
If not an offense listed above, is one for which the individual was sentenced to time in custody of more than 90 days. The sentence must involve time to be served in custody, and therefore does not include a suspended sentence.
Here is a handy chart.
There will be no fee waivers but there will be some exemptions. "Eligibility criteria include homelessness, a serious disability or at least $25,000 in unpaid medical bills."
ICE says those applying should not fear repercussions for adult family members: The applications are confidential and will not be used to track others for enforcement purposes.
The Pew Center says up to 1.4 million youths may benefit from the program.
In 2010, the Pew Center says the total undocumented population in the U.S. was 11.2 million, almost unchanged from the prior year.
This is not an amnesty program or a path to citizenship:
Deferred action is a form of prosecutorial discretion that does not confer lawful permanent resident status or a path to citizenship. Only the Congress, acting through its legislative authority, can confer these rights.
It is still necessary for Congress to pass The Dream Act. And then some relief for the adult undocumented among us.
Here's a summary of today's news conference.