MEMORANDUM
June 15, 2012
From: Janet Napolitano, Secretary of U.S. Department of Homeland
Security
Our Nation’s immigration
laws must be enforced in a strong and sensible manner. They are not designed to
be blindly enforced without consideration given to the individual circumstances
of each case. Nor are they designed to remove productive young people to
countries where they may not have lived or even speak the language.
Indeed, many of these
young people have already contributed to our country in significant ways.
Prosecutorial discretion, which is used in so many other areas, is especially
justified here.
As part of this exercise
of prosecutorial discretion, the above criteria are to be considered whether or
not an individual is already in removal proceedings or subject to a final order
of removal.
No individual should
receive deferred action under this memorandum unless they first pass a
background check and requests for relief pursuant to this memorandum are to be
decided on a case by case basis.
DHS cannot provide any
assurance that relief will be granted in all cases.
1. With respect to
individuals who are encountered by U.S. Immigration and Customs Enforcement
(ICE), U.S. Customs and Border Protection (CBP), or U.S. Citizenship and
Immigration Services (USCIS):
•
With respect to
individuals who meet the above criteria, ICE and CBP should immediately
exercise their discretion, on an individual basis, in order to prevent low
priority individuals from being placed into removal proceedings or removed from
the United States.
•
USCIS is instructed to
implement this memorandum consistent with its existing guidance regarding the
issuance of notices to appear.
2. With respect to individuals who are in removal proceedings but not yet subject to a final order of removal, and who meet the above criteria:
•
ICE should exercise
prosecutorial discretion, on an individual basis, for individuals who meet the
above criteria by deferring action for a period of two years, subject to
renewal, in order to prevent low priority individuals from being removed from
the United States.
•
ICE is instructed to use
its Office of the Public Advocate to permit individuals who believe they meet
the above criteria to identify themselves through a clear and efficient
process.
•
ICE is directed to begin
implementing this process within 60 days of the date of this memorandum.
•
ICE is also instructed
to immediately begin the process of deferring action against individuals who
meet the above criteria whose cases have already been identified through the
ongoing review of pending cases before the Executive Office for Immigration
Review.
3. With respect to the individuals who are not currently in
removal proceedings and meet the above criteria, and pass a background check:
•
USCIS should establish a
clear and efficient process for exercising prosecutorial discretion, on an
individual basis, by deferring action against individuals who meet the above
criteria and are at least 15 years old, for a period of two years, subject to
renewal, in order to prevent low priority individuals from being placed into
removal proceedings or removed from the United States.
•
The USCIS process shall
also be available to individuals subject to a final order of removal regardless
of their age.
•
USCIS is directed to
begin implementing this process within 60 days of the date of this memorandum.
•
For individuals who are
granted deferred action by either ICE or USCIS, USCIS shall accept applications
to determine whether these individuals qualify for work authorization during
this period of deferred action.
This memorandum confers no substantive right, immigration status
or pathway to citizenship. Only the Congress, acting through its legislative
authority, can confer these rights. It remains for the executive branch,
however, to set forth policy for the exercise of discretion within the
framework of the existing law. I have done so here.
/s/ Janet Napolitano
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