Administrative Advocacy

DACA 3-Year Recall

In connection with the State of Texas v. U.S. litigation, USCIS recalled over 2,600 grants of Deferred Action Childhood Arrival (DACA) and work authorization in May 2015. USCIS increased its recall efforts dramatically following a Court Order issued on July 7, 2015. CLINIC’s response to the recall was comprehensive and collaborative, utilizing resources and the expertise of six departments: Advocacy, Capacity Building, Communications, Legalization, Operations and Training and Legal Support (T&LS). CLINIC efforts included creating a special webpage with recall resource materials; conducting a comprehensive webinar; establishing a special email address for affiliate queries; developing public outreach flyers in English and Spanish; sending over 8 email blasts to affiliates with updated recall information; coordinating with affiliates in impacted communities; providing individual case support; and engaging in direct public outreach through social media and other communications outlets.

CLINIC opposed the recall and any resulting terminations. Acknowledging the inevitability of the recall due to the Court Order, CLINIC focused its advocacy efforts on providing DHS and USCIS officials with constructive feedback on the implementation of the recall, providing information and support to affiliates, and outreach to the community. Over the course of three months, CLINIC worked closely with officials at DHS and USCIS to offer tangible feedback on the implementation of the recall with solid case examples that supported requests for recall process change and refinement. CLINIC took a lead role in each of the sixteen stakeholder calls held during the recall process.

Further, as co-chair of the Committee for Immigration Reform Implementation (CIRI) Advocacy Working Group, CLINIC’s Advocacy team led coordination efforts and communications to help inform, enhance and align advocacy efforts among CIRI. CLINIC worked closely with affiliates to support, advise, and assist them and their clients to understand and take necessary actions as well as to responsibly spread the word in the community.

CLINIC and its affiliates’ efforts throughout the summer helped result in 99.2 percent compliance with the recall. Of the 22 terminations of status issued, 12 were reinstated. As of today, all 3-year DACA grants and work authorization cards that were subject to the recall have been accounted for.

Enforcement Priorities

On June 17, 2015, DHS issued a list of Frequently Asked Questions (FAQs) relating to the new immigration enforcement priorities memo issued by the Obama Administration on November 20, 2014. Since the Priority Enforcement Program (PEP) was established on January 5, 2015, CLINIC’s Advocacy team and its partners have advocated for consistent implementation of these new enforcement priorities. In April, CLINIC joined over 100 immigrant advocates in sending a letter to DHS Secretary Johnson summarizing concerns based on lessons learned from the 2011 prosecutorial discretion initiative, providing examples of inconsistent application of the priorities, and offering recommendations.

Following the release of the FAQ, CLINIC provided a detailed analysis of the guidance and held a webinar for affiliates. While the FAQs clarify several key terms in the memo, notable issues remain unclear.

Please continue to share individual cases where ICE has failed to exercise prosecutorial discretion with CLINIC’s Advocacy team. If you have a case example of inconsistent application of prosecutorial discretion, please contact CLINIC’s Advocacy team with an email entitled “Prosecutorial Discretion Example” at: advocacy@cliniclegal.org.