In this Migration Policy Institute event, the director of U.S. Citizenship and Immigration Services discusses the “deferred action for childhood arrivals” (DACA) request process and policies that USCIS has announced to implement DACA. A panel of experts on immigration matters responds to the director’s comments in a moderated conversation. One panel member is Marielena Hincapié, NILC’s executive director.
“By this memorandum, I am setting forth how, in the exercise of prosecutorial discretion, the Department of Homeland Security should enforce the Nation’s immigration laws against certain young people who were brought to this country as children and know only this country as home.”
This letter to President Obama, signed by about 100 of the U.S.’s top immigration law scholars, explains the administration’s authority to grant relief to DREAM Act–eligible youth “as a group.” The letter highlights how the administration may use deferred action, parole-in-place, or deferred enforced departure (DED) to grant administrative relief from deportation to potential beneficiaries of the proposed DREAM Act.
"We would support a grant of deferred action to all young people who meet the rigorous requirements necessary to be eligible for cancellation of removal or a stay of removal under the DREAM Act, as requested on a bipartisan basis by Senators Durbin and Lugar last April. We strongly believe that DREAM Act students should not be removed from the United States, because they have great potential to contribute to our country . . .
"We would also support steps short of this that you can take to establish a more orderly and consistent process for handling individual DREAM Act cases."
"Together with [DOJ], we have initiated an interagency working group to execute a case-by-case review of all individuals currently in removal proceedings to ensure that they constitute our highest priorities. The working group will also initiate a case-by-case review to ensure that new cases placed in removal proceedings similarly meet such priorities. In addition, the working group will issue guidance on how to provide for appropriate discretionary consideration to be given to compelling cases involving a final order of removal."
Senator Durbin's response to Sec. Napolitano's letter of Aug. 18, 2011. Sen. Durbin (D-IL & assistant Senate majority leader) is a primary author and champion of the DREAM Act.