Deferred Action vs. Dream Act

How does Deferred Action differ from the Dream Act?

Deferred action is a form of prosecutorial discretion that allows a qualified person to be free of removal proceedings for a period of 2 years, remain in the USA and obtain work authorization. The granting of this is discretionary and so far there is no law that dictates how these applications will be decided. The agent processing the applications will make the decision as to whether the person will qualify and be approved. This is not permanent residency, nor does it provide a path to it.


The Dream Act is legislation that has to be approved by Congress and the President of the United States before it becomes law. So far, the Dream Act has not been approved by Congress, even though it has been brought up several times. The Dream Act would likely provide permanent residency and a path to citizenship.


The attorneys at Kaehne, Limbeck, Pasquale & Pasquale, S.C. are keeping informed of the legal changes and political climate surrounding the Dream Act and its related legislation. Contact us for your no-cost consultation to discuss how these actions can work for you and your family.