Posted by Ryan Suto on November 01, 2017 in Blog

Early in September President Trump announced a plan to end the Obama Administration’s Deferred Action for Childhood Arrivals (DACA) program in six months, allegedly in an attempt to invite Congress to act to reform the program legislatively. The program allows those who are undocumented and came to the United States as children, called Dreamers, to obtain driver’s licenses, enroll in college, secure jobs, and pay income tax, but does not include a pathway to citizenship.

The DACA application process requires extensive personal data, with previous assurances that data would not be used for deportation purposes, with limited exceptions. However, the Trump Administration’s Memorandum on Rescission Of DACA modifies the Frequently Asked Questions (FAQ) language which covers how the information may be shared with Immigration and Customs Enforcement (ICE), potentially exposing applicants to the risk of deportation. 

The Attorneys General of California, Maine, Maryland, and Minnesota sued the Department of Homeland Security and the US government asking a federal court to halt the planned rescission of DACA in order to prevent the Department of Homeland Security (DHS) from using information provided under DACA for immigration enforcement. The suit argues that the Memo violates Constitutional rights regarding the use of personal information provided by Dreamers in their DACA applications.

AAI has joined Latino Justice and other community groups, immigrant rights organizations, and legal service providers in filing an amicus brief in support of the suit. AAI and these allied organizations contend that the DACA Rescission Memorandum violates due process and fundamental privacy principles rooted in fairness.

Full Amicus Brief here