DHS reverses course on some rejected DACA renewals


US Citizenship and Immigration Services issued the brand new steerage hours earlier than a Thursday court docket listening to by which immigration advocates had been ready so as to add the difficulty to ongoing litigation concerning the finish of DACA, which protected younger undocumented immigrants who got here to the US as kids from deportation and allowed them to work.

The transfer may have an effect on dozens of candidates who say they mailed their renewal functions weeks forward of the October 5 deadline, which was supplied for any DACA recipient whose standing expires earlier than March 5 as a technique to delay the tip of this system for six months.

After advocates in New York and Rep. Luis Gutierrez, D-Illinois, stated final week that they’d confirmed greater than 50 circumstances of people who had mailed their functions weeks upfront solely to have them arrive late — or in some circumstances, sit undelivered in a US Citizenship and Immigration Services submit workplace field — the US Postal Service acknowledged slowdown had occurred.

“The Postal Service was made aware of this issue caused by an unintentional temporary mail processing delay in the Chicago area,” USPS spokesman David Partenheimer stated in an announcement final week. “This mail processing delay issue has been resolved and we are investigating how it occurred.”

But USCIS stated final week that it had a “long-established policy tied to regulation, that the official ‘receipt date’ is the day that USCIS physically receives a properly filed application, petition or request.”

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Wednesday night time, USCIS stated Duke personally directed USCIS to reverse course, permitting for reconsideration for recipients “with individualized proof that the request was originally mailed in a timely manner and that the cause for receipt after the October 5, 2017, deadline was the result of USPS mail service error.”

In the case of functions that arrived at a mailbox on time however had been rejected, the steerage stated, USCIS will attain out to these people and permit them to resubmit their renewal utility.

At a New York district court docket listening to Thursday on ongoing DACA litigation, Judge Nicholas Garaufis granted the request of plaintiffs so as to add the roughly four,000 DACA recipients whose renewal candidates had been rejected to the lawsuit and attempt to search clbad motion certification, but additionally urged the events to work by means of the problems within the case.

Advocates thanked DHS for the change in course, but additionally referred to as for a decision for all four,000 rejected candidates — although little knowledge exists on the grounds for all of these rejections.

“USCIS is making the right decision for our clients and others who complied with the renewal process and mailed in their applications well ahead of the October deadline,” stated Hasan Shafiqullah, immigration chief on the Legal Aid Society. “We are reviewing the guidelines released by USCIS last night, and plan to badist those impacted reapply in the comings days.”

CNN’s Ellie Kaufman, Maria Santana and Emma Nanamaker contributed to this report.

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