Verbatim from the Court’s Decision:
“Beginning in 2012, the Executive Branch implemented a program deferring action against the removal of what it considers low priority aliens. This class of low priority aliens are “certain young people who were brought to [the U.S.] as children and know only this country as home.
“This is known as the Deferred Action for Childhood Arrivals (“DACA”) program outlined in former DHS Secretary Napolitano’s directive, “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children” (“Napolitano Directive” or “the Directive”).
“As outlined in the Napolitano Directive, DACA permits, on a case-by-case basis, deferred action on the removal of undocumented aliens who: (1) arrived in the United States before the age of sixteen; (2) are under the age of 31 as of June 15, 2012; (3) have continuously resided in the United States since June 15, 2007; (4) are in school, have graduated from high school, have obtained a general education development certificate, or have been honorably discharged from the Coast Guard or Armed Forces of the United States; and (5) have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety.
“If an alien satisfies all of these criteria, then the alien may apply to have any removal proceeding deferred for a period of two years. The alien must pass a criminal background check, submit biometrics, file several forms, and pay a fee.eferred action is granted on a case-by-case basis and DHS does not guarantee that relief will be granted in all case basis and DHS does not guarantee that relief will be granted in all cases.
“DACA instructs DHS officials who come into contact with an undocumented alien who meets the program’s criteria to “immediately exercise” prosecutorial discretion, on an individual basis, in order to uphold DHS’s priority removal scheme. Once DHS awards the alien deferred action, the alien may apply for work authorization during the time period action is deferred.”
Source:
http://www.ca5.uscourts.gov/opinions%5Cpub%5C14/14-10049-CV0.pdf
For a second decision finding DACA legal see: