On June 15, 2012 the Secretary of the Department of Homeland Security, Janet Napolitano by way of memorandum set out a new policy for exercising prosecutorial discretion that impacts certain young people who were brought to the US as children and only know the US as home. For those individuals that are determined to be qualified they will be permitted to remain in the United States (deferred action) and may be eligible for work authorization.
the individual must meet the following criteria before they are considered eligible for this administrative program and employment authorization:
1. Must have come to the United States while under the age of 16;
2. Must have resided in United States for at least 5 years prior to June 15, 2012 and must be in United States on June 15, 2012;
3. Must be currently in school, or graduated from high school, or obtained a general education development (GED) certificate, or is an honorably discharged veteran of the US Coast Guard or US military;
4. Must not have any felony convictions, nor any significant misdemeanor offense, nor multiple misdemeanor offenses, nor pose a threat to our national security or public safety; and
5. is not over the age of 30.