Napolitano stated that
“[t]he following criteria should be satisfied before an individual is considered for an exercise of prosecutorial discretion pursuant to this memorandum:
• came to the United States under the age of sixteen;
• has continuously resided in the United States for a least five years preceding the date of this memorandum and is present in the United States on the date of this memorandum;
• is currently in school, has graduated from high school, has obtained a general education development certificate, or is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States;
• has not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise poses a threat to national security or public safety; and is not above the age of thirty.”
Napolitano also noted that “[t]his memorandum confers no substantive right.”
Or does it?
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