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Can Information From DACA Applications Be Used in Removal Proceedings?

Can Information From DACA Applications Be Used in Removal Proceedings?

Former President Obama issued an executive order in 2012 that created the Deferred Action for Childhood Arrivals (DACA) program. DACA recipients are certain immigrants who arrived in the U.S. as children; about 741,000 of these individuals received temporary lawful status and work authorization under DACA. When Obama left office, however, immigration advocates feared that the personal information gathered from DACA recipients would be used against them for the purposes of deportation proceedings. It is likely that usage of their personal information in this manner was not anticipated, but it is a realistic possibility, particularly given the campaign stance of the Trump Administration on DACA. For instance, one of the Frequently Asked Questions (FAQs) about DACA on the U.S. Citizenship and Immigration Services (USCIS) website indicates that the federal government will not use the personal information gained through the DACA program for deportation purposes. However, that same FAQ also reminds readers that the promise to refrain from using personal information from DACA can be “modified, superseded, or rescinded at any time without notice” and that the promise was not intended to be relied on in any type of legal proceedings. While it is clear that the Obama administration did not intend to use DACA recipients’ personal information to deport them, the other language cited above weakens that pledge, especially given the change in administration. Furthermore, there are legitimate circumstances in which the federal government can use personal information from participants in DACA. National security and law enforcement agencies can use the information to identify fraudulent claims, to aid in a national security matter, or to investigate and/or prosecute a criminal offense. When you or a loved one is facing deportation for any reason, Landerholm Immigration, A.P.C. is here to help. We care about you, your family, and your ability to remain in the U.S. As a result, our California deportation defense lawyers stand ready to build the strongest possible deportation defense case on your behalf. Contact your Oakland immigration lawyer today and learn how we can advocate for you and your family in your deportation proceedings.

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