Date posted: January 7, 2017
As background, recall that president-elect Trump has Tweeted that he would rescind President Obama’s “illegal!” and “unconstitutional!” executive actions, including DACA, on his first day in office. He has also promised to deport all the undocumented aliens in the USA. This would naturally include DACA recipients too, since their status is due to President Obama’s “illegal” executive action. In the classic words of our soon to be Trumpeter-in-Chief, that would be: “So unfair!”
On December 30, 2016, Secretary Johnson replied to an inquiry from Congresswoman Chu, in which he stated that USCIS had promised to protect DACA data, that over 750,000 “Dreamers” had received DACA, and that USCIS intended to keep its promise to protect DACA applicant information.
There would be exceptions, of course, for example, in cases of investigations for fraud, or national security, public safety or criminal activity. But by and large, the data of DACA applicants should remain confidential and not used for enforcement purposes. This is in keeping with USCIS policy on applications filed by other groups of immigrants.
It remains to be seen how DHS presents this information to the Trump administration. It is clear that immigrant advocates will be girding for a fight. For a copy of Secretary Johnson’s letter, please click on this link: jehjohnsonletter-12-30-2016-dacadataprotected
About the author: Attorney Farhad Sethna has practiced law for over 25 years. Since 1996, he has been an adjunct professor of Immigration Law at the University of Akron, School of Law, in Akron, Ohio. He is a frequent speaker at Continuing Legal Education and professional development seminars on various immigration-related topics. His practice is limited to immigration and small business. With offices in Cuyahoga Falls, Akron and New Philadelphia, Ohio, Attorney Sethna represents clients in all types of immigration cases. Our number is: (330)-384-8000. Please send your general immigration questions to AttorneySethna@immigration-america.com. We will try to answer as many questions as possible.
This is only general legal information. Please consult a qualified immigration attorney for advice on your specific case.