CGRS Calls for Clean Dream Act, Prepares to Support DACAmented Asylum Seekers

November 7, 2017 - CGRS condemns the Trump Administration’s decision to rescind the Deferred Action for Childhood Arrivals (DACA) program. DACA currently protects 800,000 young undocumented immigrants who have grown up in the United States and are an integral part of our communities. This heartless decision has placed DACA recipients at risk of deportation to countries many have never known, where some face imminent danger. CGRS stands with Dreamers and all immigrant communities and rejects this Administration’s repeated scapegoating of and racist attacks against immigrant families. We have joined calls for Congress to immediately move forward with a clean Dream Act that provides a permanent solution for DACA recipients.

CGRS is preparing to support undocumented youth who may be able to raise fear-based claims in the event that they are placed into removal (deportation) proceedings or become at immediate risk of deportation due to the Administration’s policies. To that end, we are developing a new practice advisory for attorneys on potential avenues for asylum and related humanitarian relief for DACA recipients. The advisory will inform attorneys of legal strategies for raising or renewing claims for asylum, withholding of removal, and Convention Against Torture protection in the course of removal proceedings. It will cover arguments to overcome the one-year bar for asylum filing, as well as strategies for reopening cases that have been closed. It will also discuss withholding of removal and Convention Against Torture relief for cases in which asylum bars apply, and underscore strategies for preserving humanitarian protection claims in the event of adverse immigration enforcement action. CGRS will provide free technical assistance to attorneys in these cases.

Individuals with deferred action (including DACA) may be eligible to affirmatively apply for asylum if not in proceedings, but should consult with an experienced immigration attorney before doing so. Affirmative applications if not granted often lead to removal proceedings, and thus may not be advisable for many individuals with uncertain legal status, including DACA, who are not already in proceedings.

CGRS will announce the release of our practice advisory on our website as soon as it is available. 

To learn how you can support immigrant youth today, check out our DACA resource page.

Photo Credit: EPA-EFE/Alba Vigaray