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

  1. Date Announced

    Sept. 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)." [ID #277]

    View Policy Document
  2. Effective Date of Change

    Sept. 5, 2017
Status: Final/Actual
Type of Action: Agency Directive
Subject Matter: DACA
Agencies Affected: CBP ICE USCIS

Prior Policies

  • 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 process 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 deferred action for childhood arrivals request, 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

Other Documents

Commentary

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