President Obama issued and executive order which grants a sort of amnesty-esque program to people who were brought to this country by their parents and have remained here without obtaining proper citizenship. This new program is referred to as the Dreamer’s Deferred Action Directive.
The President has made it possible for young adults who came to this country with their parents to remain here and be productive “citizens” of this country. The problem is that it is not amnesty nor citizenship. The person will still have to obtain proper citizenship. But it means they do not need to live in fear of their non-citizenship status and constantly be looking over their shoulders.
The requirements for the program are as follows:
- The person came to the United States under the age of sixteen
- They came to this country illegally and with their parents
- They have continuously lived in the United States for at least five years prior to the Dreamer’s Deferred Action Directive
- The person is currently in school or has graduated from high school or obtained the General Education Development (GED) certificate; are a member of the United States military; or have been honorably discharged from the United States military
- HAVE NOT committed a felony or a significant misdemeanor or otherwise pose a threat to national security or public safety
- Are not over the age of thirty (30).
The issue here is mainly with the “significant misdemeanor” wording. The Department of Homeland Security (DHS) has listed most misdemeanors as “significant”, including Driving Under the Influence (DUI), petty theft and simple drug possession. It does not matter whether there was a jail sentence, as that does not constitute significance or not in the eyes of DHS.
If you are a person who otherwise qualifies for the Dreamer’s Deferred Action Directive, and have pending criminal charges, it is important that you consult an attorney regarding the status of your charges and what can be done. There are ways that a competent attorney can negotiate a good deal with a prosecutor to maintain your eligibility for this program. It is important that you inform them of your status and discuss all angles and potential problems.
Contact the Law Office of Stephanie M. Arrache, a criminal defense firm, if you have any questions about the Dreamer’s Deferred Action Directive.
Law Office of Stephanie M. Arrache
A Criminal Defense Firm
PO Box 3297
Palm Springs, CA 92262
Office: (760) 237-8295
Cell: (760) 668-8295