News Update - July 16, 2012
Age and Educational Requirements for DREAMER Deferred Action
In the June 18, 2012, deferred action stakeholders meeting with U.S.C.I.S. Director Alejandro Mayorkas, U.S.I.C.E. Director John Morton and Customs and Border Protection Acting Commissioner David Aguilar, Director Mayorkas took the lead in giving DHS's current view on age and education necessary for young people to qualify under the program.
On the subject of education, the three qualifications are that a person be currently in school or have graduated from high school or possess a GED certificate. The requirements were viewed by Mr. Mayorkas in the disjunctive. He stated that the minimum age to apply for deferred action is 15 years and the oldest under the age of 31. The child who is 14 and meets all the other requirements for deferred action on June 15, 2012, will be able to apply when he/she reaches the age of 15. An applicant's age being under 31 is determined as of June 15, 2012. On the question of whether an individual who was studying for a GED certificate on June 15, 2012, but had not yet received it by that date is eligible, Director Mayorkas replied that the person would have to look at the first qualification, being currently in school, to determine eligibility.
That answer of course raises further questions as GED courses can either be taught through a regular classroom setting at a recognized school or online classes by a recognized school or by institutions/centers which may be less than recognized schools. So would being in the process of attending an online course for a GED certificate on June 15, 2012, qualify in the same light as in a regular classroom setting in a university, 4 year college, or community college which offers a GED course? Would a fee receipt for an institution/center/recognized school on or before June 15, 2012, be sufficient evidence to qualify? What if the individual is studying through a free adult education class?
These questions along with many others will have to be presented and hopefully settled favorably to DREAMERS in further stakeholder engagements, which appear to be a favored tool of Director Mayorkas. A deferred action teleconference was scheduled on July 9, 2012, involving the same three heads of agencies, but unfortunately postponed without word of further rescheduling.
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