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Dream Act Through Prosecutorial Discretion

Every person that meets the qualifications whether they have never gone before an immigration judge, are presently before an immigration judge, or have already been ordered removed by an immigration judge will undergo a background check as part of the application process. Each application will be decided on a case by case basis. The Department of Homeland Security (DHS) is not providing the assurance that each case will be granted.

For those persons meeting the qualifications and they are encountered by ICE or CBP, the officer has been directed to immediately exercise discretion on an individual case basis. The officer has been instructed to exercise discretion in order to avoid having qualified persons placed into removal proceedings or be removed from the United States. CIS officers also have been instructed not to place qualified individuals into removal proceedings.

For those qualified persons who are already in removal proceedings but have not been judged to be removable by an immigration judge ICE has been instructed to exercise discretion on a case by case basis for persons that meet the qualifications. Ice has been instructed to prevent persons who meet the criteria from being removed from the United States. ICE has further been directed to start this process within 60 days of June 15, 2012 and to immediately begin the process of deferring action against persons with cases pending review before the Executive Office for Immigration Review.

For those persons that are not in removal proceedings and are qualified to pass a background check CIS has been instructed to set up a clear and efficient process for handling applications for persons that are at least 15 years old and to have the deferred action in effect for a two-year period. This applies to persons that have already received an order of removal regardless of age. CIS has been instructed to start this process within 60 days of June 15, 2012.

Work authorization applications will be accepted for all persons granted deferred action.

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