Some interesting points from the guide pertaining to deferred action:
Quote:
Under current practice, ICE will not grant deferred action
in a DREAM Act case until a student receives a final
order of removal (order of deportation). Though nothing
in previous memos24 providing guidance on deferred
action require that a removal order be taken before
deferred action is granted. Therefore, deferred action
should be granted at any stage of a removal proceeding.
In DREAM Activist.org’s experience, there have been
cases in the past year where deferred action has been
granted prior to a final order.
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Whether or not there must be a final order of removal, according to this guide you still must be in removal proceedings in order to even ask for deferred action.
Quote:
Deferred action does not provide a DREAM Act student
with immigration status in the United States. It only
confers a “limbo” status and in the meantime, a DREAM
Act student can apply for an Employment Authorization
Document (EAD) aka “work permit” if s/he can establish
an economic necessity for employment.
...
Without a grant of deferred action, a DREAM Act
student with a removal order will not be eligible for an
EAD26. In other words, you won’t be able to apply for a
work permit unless ICE gives you deferred action.
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So, to be able to apply for a work permit you must be granted deferred action, but to be granted deferred action you must be in removal proceedings.
Quote:
While many DREAM Act students may desire a work
permit, it should not be the sole reason to put yourself
in removal proceedings. Requesting deferred action,
which can only be done once removal proceedings have
been initiated, should only be a strategy of last resort
for a DREAM Act student when s/he does not have
any other options left.
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But a work permit, even a temporary one, is still better than the current situation, especially for those already with degrees or those wishing to work while in college. Many DREAMers have already voluntarily left or are contemplating leaving the country precisely because they cannot work here. Having a work permit also means being able to apply for a driver's license.
It seems a bit unfair that this privilege can be granted to those who are fighting deportation orders, but those who haven't done anything to get ICE to want to deport them aren't entitled to even ask for such consideration.