The following document is the official directive to enforcement sections of the DHS outlining policies they are to follow. President Obama has not issued an Executive Order, although he has made it clear this directive reflects his position on "individuals [immigrants] who came to the United States as children."
Secretary
U.S. Department of Homeland Security
Washington, DC 20528
June 15, 2012
MEMORANDUM FOR:
David V. Aguilar, Acting Commissioner, U.S. Customs and Border Protection
Alejandro Mayorkas, Director, U.S. Citizenship and Immigration Services
John Morton, Director, U.S. Immigration and Customs Enforcement
FROM: Janet Napolitano, Secretary of Homeland Security
SUBJECT: Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children
By this memorandum, I am setting forth how, in the exercise of our prosecutorial discretion, the Department of Homeland Security (DHS) should enforce the Nation's immigration laws against certain young people who were brought to this country as children and know only this country as home. As a general matter, these individuals lacked the intent to violate the law and our ongoing review of pending removal cases is already offering administrative closure to many of them. However, additional measures are necessary to ensure that our enforcement resources are not expended on these low priority cases but are instead appropriately focused on people who meet our enforcement priorities.
The following criteria should be satisfied before an individual is considered for an exercise of prosecutorial discretion pursuant to this memorandum:
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):
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:
3. With respect to the individuals who are not currently in removal proceedings and meet the above criteria, and pass a background check:
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.