Why Deferred Action is Not Amnesty ?

President Obama, implemented the deferred action process which will temporarily stop the removal of certain undocumented immigrants, from the United States. Immigrants who seek to obtain the benefits of deferred action must file Form I-821D. This process which is a form of prosecutorial discretion, is not amnesty or the Dream Act. If the government officially pardons individuals who had broken the law, then it is said to be amnesty. Amnesty in general connotes forgiveness. But when deferred action in concerned, amnesty is far from deferred action. That is because undocumented immigrants who are granted deferred action will not be given a chance to become US citizens or permanent residents. They will only be allowed to be present in the United States lawfully but they will not be granted an immigration status. Though their deportation will be stopped temporarily, they will not be granted legal rights to remain lawfully in the United States. Recipients of deferred action may not travel abroad, without obtaining an advance parole document.

By filing Form I-821D and receiving deferred action, they can only remain and work in the United States for two years and they cannot sponsor their family members and obtain Green Cards. That is because, this process is only a temporary reprieve and it may be revoked by the administration. Deferred action benefits that are granted to an undocumented immigrant does not extend to his family members. The most important benefit that the deferred action recipient can obtain is a federal work permit. Deferred action recipients may receive state benefits such as ID's issued by the states and driver's licenses. Deferred action policy is moreover not the Dream Act, which will allow undocumented immigrants to become permanent residents. This is a process which is temporary and not permanent.

As this process does not provide any legal status, it is not amnesty. However, this process will help undocumented immigrants who are living in the United States with a fear of deportation. This process will temporarily subside their fear as they may not be deported for two years, if they receive deferred action. Undocumented immigrants who are in school may continue their studies and the others may obtain work permits and work in the United States, legally for the period for which they are granted deferred action. Moreover, for the two year period, the person who is granted deferred action will not be deported from the United States and will not be placed in removal proceedings.

Millions of undocumented immigrants below age 31 will not be deported from the country, if the USCIS grants them deferred action. Though certain American states are against the deferred action process, many states accept the work permit as a proof of legal presence. Hence an eligible undocumented immigrant in the United States, may file Form I-821D, for deferred action, along with the USCIS forms for employment authorization. Once he is granted deferred action by the USCIS, he may be present in the United States, for two years, without any legal status. Remember that the deferred action process is a temporary relief and is not “Amnesty”.