Deferred Action for Childhood Arrivals (DACA)
Recently, we sent all affiliates a notice informing them of the July 17th deadline for returning three-year EADs requested by USCIS in order to comply with the Texas court’s February 16, 2015 injunction. USCIS reports that there are still approximately 900 DACA recipients who have not yet returned their three-year EADs. We have been informed that USCIS has already taken additional steps to direct the return of the three-year EADs and is planning further adverse actions in the near future. These actions may include:
On June 15, 2012, the Secretary of the U.S. Department of Homeland Security (DHS) issued a memorandum allowing individuals who came to the U.S. as children and meet certain guidelines to apply for Deferred Action for Childhood Arrivals (DACA). A person who is granted DACA receives permission to live and work in the U.S. for two years (may be renewed). If someone is approved for DACA, s/he may apply for a social security number and in most states, a driver’s license.
Click the button below for more information about DACA and to view CLINIC’s resources for legal service providers and DACA applicants.
In connection with the State of Texas v. U.S. litigation, USCIS began recalling 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. CLINIC officially registered its opposition to the recall and any resulting terminations. 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 affiliate efforts helped result in 99.2 percent compliance with the recall. Of the 22 terminations of status issued, 12 were reinstated.
During July, U.S. Citizenship and Immigration Services (USCIS) undertook a number of extraordinary actions to urgently retrieve approximately 2,600 three-year work permits it claims were erroneously issued or mailed to recipients of Deferred Action for Childhood Arrivals (DACA) and to replace them with two-year permits.
Starting July 16th, US Citizenship and Immigration Services (USCIS) will begin home visits to certain DACA recipients who have still failed to return their three-year employment authorization documents (EADs) that were received in error. In addition to these home visits, USCIS has begun issuing Notices of Intent to Terminate (NOIDs) warning that individuals who do not return their three-year EAD by July 30th, 2015 will have their DACA and EAD terminated.
By Jen Riddle and Jill Bussey
This month marks the 3-year anniversary of the Deferred Action for Childhood Arrivals (DACA) program. Since DACA launched in 2012, over 664,000 individuals have been granted temporary reprieve from deportation and a work permit. All 50 states now permit DACA recipients to apply for driver’s licenses, following policy reversals in Nebraska and Arizona due to legislative action (in NE) and litigation (in AZ).