Many prospective clients with undocumented children are searching for an immigration attorney who can help their children using the DREAM Act. However, after these clients have a free consultation with an immigration attorney they learn that the DREAM Act isn’t the means by which their children will receive deferred action. Rather, it’s the Deferred Action for Childhood Arrivals program as a variant of the proposed DREAM Act that will protect their children from removal proceedings.
Isn’t the DREAM Act federal law?
Not yet. The DREAM Act was proposed federal legislation that never became law. Some versions of the proposed law offered conditional residency and a path to permanent residency, but the proposed federal law never became actual law.
The DREAM Act through DACA
In 2012 the Department of Homeland Security articulated a program that sought to exercise prosecutorial discretion to defer removal action for certain undocumented youth. The underlying policy behind this program is that the Department of Homeland Security will use it’s resources to remove undocumented people who pose a risk to security and exercise their prosecutorial discretion in cases of undocumented youth who meet educational and residency requirements. The name given to this policy is Deferred Action for Childhood Arrivals. Your can learn more about DACA here…
What Is Deferred Action
Deferred Action is the exercise of prosecutorial discretion to defer removal action. Under DACA deferred action does not grant lawful status, but it does authorize the individual to be present in the U.S. during the time deferred action is in effect.