USCIS issues guidelines that information on DACA requests will not be proactively provided to ICE or CBP

Original Date Announced
September 5, 2017
Under new USCIS guidelines: "Information provided to USCIS in DACA requests will not be proactively provided to ICE and CBP for the purpose of immigration enforcement proceedings, unless the requestor meets the criteria for the issuance of a Notice to Appear or a referral to ICE under the criteria set forth in USCIS’ Notice to Appear guidance (www.uscis.gov/NTA)." This concept of not being "proactively provided" is a change from the original language that such information would be actively "protected" unless it met such criteria. [ID #277]
FAQ section on DACA on USCIS website
Effective Date
September 5, 2017

Fully in Effect

Status: Final/Actual

Trump Administration Action: Agency Directive

Subject Matter: DACA

Agencies Affected: USCIS CBP ICE

Associated or Derivative Policies

August 6, 2012
Information provided by DACA applicants was protected from disclosure to ICE and CBP for the purpose of immigration enforcement proceedings unless the requestor met the criteria for the issuance of a Notice to Appear or a referral to ICE under the criteria set forth in USCIS’s Notice to Appear guidance (www.uscis.gov/NTA). Individuals whose cases were deferred pursuant to the consideration of Deferred Action for Childhood Arrivals were not referred to ICE. The information could be shared with national security and law enforcement agencies, including ICE and CBP, for purposes other than removal, including for assistance in the consideration of DACA requests, to identify or prevent fraudulent claims, for national security purposes, or for the investigation or prosecution of a criminal offense. The information-sharing policy covered family members and guardians, in addition to the requestor.
DACA FAQs