Letter to Alejandro Mayorkas, Secretary of Homeland Security - Rep. Dina Titus Calls on Secretary Mayorkas to Provide Clarity For DACA Applicants

Letter

Dear Secretary Mayorkas,

As a member of the Committee on Homeland Security, I write to you today to request clarification and transparency for applications of immigrant benefits at the U.S. Citizenship and Immigration Services (USCIS), particularly in regard to the application for Deferred Action for Childhood Arrivals (DACA). Following the decision by U.S. District Judge Hanen delivered on Friday, July 16, the lives of millions of DACA recipients, their families, their children, and their employers were once again thrown into chaos and uncertainty as the order of vacatur and remand of the program went into effect. This decision is particularly disappointing as DACA recipients have consistently shown they are Americans in every sense of the word. Furthermore, hundreds of thousands of recipients worked frontline and essential jobs[1] during the pandemic and the economic impact of a pathway to citizenship for Dreamers estimated at $74 billion per year.[2]

In Judge Hanen's ruling, he stated, "with respect to new DACA applications received by DHS, the order of vacatur and remand is effective immediately. DHS may continue to accept applications as it has been ordered to do by the court in Batalla Vidal v. Wolf, but it may not grant these applications until a further order of this Court…" [3] Unfortunately, accounts show that less than 72 hours after the ruling, initial applicants were contacted by USCIS to cancel biometrics appointments with little information on the potential to maintain their position in the queue or be provided other administrative reprieve.[4] These appointments not only take months to secure but, if this decision is eventually reversed, will put applicants further behind by having to reschedule these application requirements. In order to minimize the negative impact of Judge Hanen's decision on initial DACA applicants, USCIS should continue to process materials and issue appointments, which is in line with the organization's administrative capabilities.

As such, I ask for the following points of clarification to ensure that DACA recipients have the most up to date information regarding their applications and renewals:

1. Why did USCIS leadership decide to cancel interviews and appointments to obtain biometric data for applicants who have already had their applications accepted for initial DACA applications?

a. Will USCIS commit to reversing this policy by rescheduling appointments, and restarting the acceptance of supporting documentation?

2. Each DACA applicant must submit a $495 application fee. How will these dollars be used for applicants that are no longer eligible to continue their process and will people be eligible to receive a refund of this substantial amount of money?

3. Before this ruling, DACA renewals were in a backlog. Given Judge Hanen's decision, the need to swiftly review and approve renewal applications will be even more critical to provide stability to as many recipients as possible. What resources will USCIS commit to quickly processing the renewal backlog and will renewal applicants have the opportunity to apply for expedited processing?

4. How will USCIS clearly, humanely, and effectively communicate with initial and renewing DACA applicants to ensure that every person eligible to continue their application process can do so?

Thank you for your quick consideration of this pressing matter. If you have further questions, please contact my staff, Madison West, at Madison.West@Mail.House.Gov.

Sincerely,

Dina Titus

Member of Congress

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