U.S. Citizenship and Immigration Services (USCIS) issued guidance under the Deferred Action for Childhood Arrivals (DACA) program that indicates illegal aliens can obtain a form of ID fraud amnesty in addition to deportation amnesty. A DACA applicant who has used a fraudulent or stolen Social Security Number to obtain employment does not have to reveal the felonious act on his/her work authorization form.
An illegal aliens who applies for deferred action also applies for a work permit using Form I-765. Question 9 on that form asks the applicant to submit “any Social Security Numbers ever used, if any.” The question looming in the minds of illegal-alien advocates was whether an applicant must list phony or stolen SSNs and risk prosecution for ID fraud. USCIS has now clarified that applicants must only list officially-issued SSNs. Visa overstayers may have officially-issued SSNs but few other illegal aliens would.
USCIS issued another clarification that gives amnesty to some companies that employ DACA illegal aliens. USCIS has stated that if a company gives an illegal-alien employee information to support a request for deferred action, that information will not be shared with ICE for immigration enforcement purposes unless there is evidence of egregious violations of criminal statutes or widespread abuses.
A last clarification concerns a DACA applicant’s travel outside the country and an immigration benefit called "parole." If an illegal alien residing in the U.S. travels abroad and is caught when returning, federal law imposes a ten-year ban on re-entry. However, federal law allows USCIS to grant humanitarian parole to someone who is otherwise inadmissible if it involves a compelling emergency. USCIS normally uses parole sparingly. It is meant to be short-term and is not generally intended for use by those already in the U.S. Parolees are allowed to apply to adjust their immigration status to Legal Permanent Resident.
USCIS has clarified that illegal aliens who are given deferred action can apply for “advance” parole. If obtained, parole will allow these illegal aliens to travel abroad without incurring the ten-year re-entry ban and could give them access to permanent legal status and, eventually, citizenship.
Originally Published: Fri, Sep 21st 2012 @ 12:48pm EDT