How to Close the DACA Loopholes

July 31, 2018

If the courts won’t let Trump repeal DACA, IRLI recommends USCIS make changes to the program to reduce fraud and protect public safety

WASHINGTON — Yesterday, the Immigration Reform Law Institute (IRLI) filed a public comment with U.S. Citizenship and Immigration Services (USCIS) urging the agency to make several changes to the DACA application (USCIS Form I-821D) and its accompanying instructions. As currently drafted, the Form I-821D and its instructions are not narrowly tailored to ensure DACA recipients meet the program’s purported criteria, opening the door to potential fraud and otherwise deceiving the American people.

In its comment, IRLI recommends making several changes to the Form I-821D and the Form I-821D Instructions to ensure compliance with the DACA program’s authorizing guidelines and to close loopholes in the processing of DACA applications. This includes maintaining uniform criteria for both initial and renewal applications, requiring full disclosure of any violations of the law, and otherwise making certain that the Instructions for filling out the Form I-821D are sufficiently tailored to discern program eligibility in conformity with the Department of Homeland Security policy memorandum creating the program on June 15, 2012.

To be sure, IRLI has been fighting the Obama-era DACA program as unlawful since its 2012 inception (see IRLI’s amicus brief in Regents of Univ. of California v. DHS; its amicus brief in Trustees of Princeton University v. United States; and its amicus brief in Texas v. United States). Although the Trump Administration has tried to repeal the program, due to nationwide preliminary injunctions issued by some U.S. district courts, DHS has not been permitted to proceed with revocation or otherwise make changes to the administration of the program. Nonetheless, IRLI offers its suggestions to USCIS as much-needed changes if and when the imprudent injunctions are lifted.

“It is only a matter of time before the U.S. Supreme Court makes a determination on the blatant invalidity of the DACA program,” said Dale L. Wilcox, IRLI executive director and general counsel. “Until its inevitable rescission, the American people deserve better in how this program is administered. Once permitted, USCIS must act swiftly to close loopholes and ferret out potential fraud in the program’s vetting process.”

For additional information, contact: Brian Lonergan • 202-232-5590 • [email protected]