In several developments affecting Deferred Action for Childhood Arrivals (DACA) recipients, U.S. Citizenship and Immigration Services (USCIS) has issued guidance on terminating DACA status when a DACA recipient attempts to purchase a firearm, and an immigration attorney has launched a national green card initiative for DACA recipients.
USCIS Releases Guidance on DACA Termination for Attempted Firearm Purchase
U.S. Citizenship and Immigration Services (USCIS) is instructing USCIS officers “to initiate certain post-adjudicative actions to ensure that [Deferred Action for Childhood Arrivals (DACA)] is properly terminated when DACA recipients engage in certain unlawful acts.” In a new memorandum, USCIS calls attempts to purchase a firearm by DACA recipients “unlawful” where they have, “without regard to intent, attempted to purchase a firearm and [do] not meet one of the exceptions provided in 18 U.S.C. 922(y)(2).” Those exceptions include a person who is:
(A) admitted to the United States for lawful hunting or sporting purposes or is in possession of a hunting license or permit lawfully issued in the United States;
(B) an official representative of a foreign government who is—
(i) accredited to the United States Government or the Government’s mission to an international organization having its headquarters in the United States; or
(ii) en route to or from another country to which that alien is accredited;
(C) an official of a foreign government or a distinguished foreign visitor who has been so designated by the Department of State; or
(D) a foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business.
The memo states that in most cases, a Notice of Intent to Terminate (NOIT) DACA should be issued when a DACA recipient attempts to purchase a firearm and that issuance of the NOIT must comply with the law and regulations requiring notice and an opportunity to respond before the DACA grant is terminated. If the DACA recipient has had an opportunity to respond and has failed to provide “sufficient and persuasive evidence to overcome the grounds for termination outlined in the NOIT, USCIS may issue a Notice of Termination.” The only exception to the NOIT requirement is that “USCIS may terminate a grant of DACA without a NOIT and an opportunity to respond if the DACA recipient is convicted” of certain national security-related offenses or egregious public safety offenses.
National Green Card Initiative for DACA Recipients Launched
Hillary Walsh, an immigration attorney, has launched a national green card initiative targeting high-skilled DACA recipients and their employers. Specifically, the program educates employers about their options, and encourages eligible DACA recipients to explore whether they may qualify for employer sponsorship or national interest waivers (NIWs) if they are in certain fields (e.g., registered nurses, physicians, physical therapists, those in science or technology fields like robotics engineering, innovative entrepreneurs). In some cases, they may be able to self-petition for an NIW, or their employers may wish to file a permanent labor certification application.
“I graduated law school the same year DACA became a program, and for over a decade I have watched these professionals build careers while remaining locked out of permanent residency,” Ms. Walsh said. “It’s time to highlight employment-based and self-petition paths that match the contributions they are already making.”
