If the
background check or other information uncovered during the review of an individual's
request for deferred action indicates that the individual's presence in the
United States threatens public safety or national security, he or she will be
ineligible for an exercise of prosecutorial discretion. Indicia that an
individual poses such a threat include, but are not limited to, gang
membership, participation in criminal activities, or participation in
activities that threaten the United States.
DEFERRED ACTION FAQ
Wednesday, August 22, 2012
Will minor traffic offense, such as driving without a license be considered a non-significant misdemeanor?
A minor
traffic offense will not be considered a misdemeanor for purposes of this
process. However, your entire offense history can be considered along with
other facts to determine whether, under the totality of the circumstances, you
warrant an exercise of prosecutorial discretion.
It is important to emphasize
that driving under the influence is a significant misdemeanor regardless of the
sentence imposed.
How many non-significant misdemeanors constitute "multiple misdemeanors" making an individual ineligible for an exercise of prosecutorial discretion under this new process?
An
individual who is not convicted of a significant misdemeanor but is convicted
of three or more other misdemeanors not occurring on the same day and not
arising out of the same act, omission, or scheme of misconduct is not eligible
to be considered for deferred action under this new process.
What offenses qualify as a "significant misdemeanor"?
A
significant misdemeanor is a federal, state, or local criminal offense
punishable by no more than one year of imprisonment or even no imprisonment
that involves: violence, threats, or assault, including domestic violence;
sexual abuse or exploitation; burglary, larceny, or fraud; driving under the
influence of alcohol or drugs; obstruction of justice or bribery; unlawful
flight from arrest, prosecution, or the scene of an accident; unlawful
possession or use of a firearm; drug distribution or trafficking; or unlawful
possession of drugs.
What offenses qualify as a felony?
A
felony is a federal, state, or local criminal offense punishable by
imprisonment for a term exceeding one year.
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