On June 15, Secretary Napolitano announced that certain young people who came to the United States as children, do not present a risk to national security or public safety, and meet several key criteria will be considered for relief from removal from the country or from entering into removal proceedings. Those who demonstrate that they meet the criteria will be eligible to receive deferred action for a period of two years, subject to renewal, and will be eligible to apply for work authorization.

“Our nation’s immigration laws must be enforced in a firm and sensible manner,” said Secretary Napolitano. “But they are not designed to remove young people to countries where they may not have lived or even speak the language. Discretion, which is used in so many other areas, is especially justified here.”

On August 3, the director of the USCIS, Alexander Mayorkas, laid out the criteria for consideration for DACA. Among the key criteria points are:

Requestors – those in removal proceedings, those with final orders, and those who have never been in removal proceedings – will be able to affirmatively request consideration of deferred action for childhood arrivals with USCIS.

Requestors will use a form developed for this specific purpose.

Requestors will mail their deferred action request together with an application for an employment authorization document and all applicable fees to the USCIS lockbox.

All requestors must provide biometrics and undergo background checks.

Fee waivers cannot be requested for the application for employment authorization and biometric collection. However, fee exemptions will be available in limited circumstances.

The four USCIS Service Centers will review requests.

Additional information will be posted on the USCIS website on August 15. No requests for consideration will be examined prior to August 15, and requests submitted prior to that date will be rejected. The USCIS also issued a warning to prospective candidates for DACA to be aware of immigration scams and to check a USCIS webpage designed to provide tips on filing in forms, reporting scams and finding accredited legal services.