Tens of thousands of undocumented children and young adults, many living in California, are expected to start submitting applications to the U.S. Department of Homeland Security in a bid to remain in the United States on a semi-legal condition. DHS posted the form and regulations online yesterday morning, in preparation for today's official launch of President Obama's Deferred Action Program.

After many failed attempts by Congress to laissez passer a DREAM Act, the President asked DHS to develop a policy for allowing some undocumented immigrants who were brought to the Usa every bit children to get a two-year deferral from the possibility of being deported to a state most of them don't recall. Different the DREAM Human activity bills, this policy does non include a path to citizenship.

There are five minimum requirements that applicants must meet to be considered:

• came to the United states of america under the historic period of sixteen;

• has continuously resided in the Us for a least five years preceding June 15, 2012;

• is currently in school, has graduated from high school, has obtained a general education
development certificate, or is an honorably discharged veteran of the Coast Guard or
War machine of the United states;

• has not been bedevilled of a felony offense, a significant misdemeanor criminal offense, multiple
misdemeanor offenses, or otherwise poses a threat to national security or public safety;

• is not above the age of thirty.

Over the past few weeks, DHS has clarified and refined the guidelines.

"At that place were actually some pleasant surprises," said Joseph Weiner, a staff attorney in the Immigrant Rights Project at Public Counsel Police Firm. He said the Department broadened the requirement that applicants be enrolled in an educational plan to include English language equally a second language, GED programs, vocational and career training, and other programs as long equally they're designed to lead to college, task preparation, or a chore.

Criminal history questions on application for deferred activeness procedure. Source: Dept. of Homeland Security. (Click to enlarge.)

Weiner is also pleased that the DHS cleared up confusion and relaxed the listing of crimes that would automatically disqualify someone from receiving the deferral. The general categories include any felony, a meaning misdemeanor, or 3 small-scale misdemeanors. That terminal one, in particular, had people worried nigh how the Department would classify crimes such as marijuana possession, which is common amidst teens, and driving without a license, which is common among undocumented teens who can't become drivers' licenses. The new regs give both of those a pass, unless they're accompanied by a jail term of 90 days or longer.

During a telephone conference call with reporters last week, Alejandro Mayorkas, the Managing director of United statesCitizenship and Immigration Services (USCIS), tried to clinch prospective applicants that the information they put on their forms would be kept confidential. "Information used in the request will not be used for immigration processes, unless y'all lie to us, or pose a national security threat," said Mayorkas. "Nosotros want to maximize participation from those who come across requirements; we  don't want a chilling consequence."

But there are a few caveats. Convictions for selling drugs, DUI, gun crimes, sexual bombardment, domestic violence, and committing fraud on the deferred activeness awarding are all grounds for automatic disqualification and the possibility that a file would notice its way to Immigration and Customs Enforcement.

"If somebody has a confidence equally an developed that would be a meaning misdemeanor nether the guidelines that they've set forth, I would suggest them not to apply," said Weiner, explaining that those folks could be flagged every bit a potential threat to public safety. Page four of the application makes it articulate that Homeland Security is serious about that threat. In improver to proper name, address, and highest level of teaching, the Department wants to know near criminal by…and time to come. "Accept yous ever engaged in or plan to engage in terrorist activities?" "Accept you e'er engaged in, ordered, incited, assisted or otherwise participated in any of the following: Acts involving torture, genocide, or human trafficking? Killing whatsoever person? Severely injuring whatsoever person? Any kind of sexual contact or relations with whatever person who was beingness forced or threatened?

Public Counsel is running a clinic in Los Angeles starting today, to help qualified people complete their applications. Weiner said a big challenge for many applicants will be proving that they've lived in the United States continuously since 2007. So far, DHS hasn't been specific enough on what documentation they'll take. "School records are great, but if yous're 29 years one-time and you've been out of school for five years, what do yous practise?," asked Weiner. Pay stubs are more often than not accustomed as proof of residency, but undocumented immigrants are often paid under the table since they can't legally work. Even utility or jail cell phone bills may exist a challenge for people who have spent their lives in the Us trying to remain bearding.

The other unknown is how long it will take for DHS to process the applications. Mayorkas said the Section has been hiring additional staff then the Department isn't caught short. Their salaries – in fact, the entire programme – are funded through the $465 application fee, which includes fingerprinting and other biometrics and the cost of a work authorization, which could provide these young adults with legitimate pay stubs to use when they accept to reapply two years from now.

To get more than reports similar this one, click here to sign up for EdSource'south no-cost daily email on latest developments in education.