The U.S. Department of Homeland Security (DHS) is urging undocumented youth protected under the Deferred Action for Childhood Arrivals (DACA) program to consider voluntary departure, raising concern.
Korean Americans make up the largest number of DACA recipients among Asians, making this development particularly significant for the community. As of March, there were 525,210 DACA recipients nationwide, according to official figures.
Trisha McLoughlin, spokesperson for the Department of Homeland Security, stated on July 29 that DACA recipients “are undocumented foreign nationals who do not receive automatic protection from deportation and have not been granted any form of legal status.” She added that they may be subject to arrest and removal for reasons including criminal activity.
“We hope DACA recipients will consider self-deportation, which can offer an opportunity to return to the U.S. legally,” McLoughlin said.
Her statement is based on Section 240B of the Immigration and Nationality Act (INA), which permits voluntary departure. Even after being referred to immigration court, individuals may request this option, which—if granted—allows them to leave the country without an official deportation record. This preserves the possibility of reentering the U.S. later with a legal visa. By contrast, individuals forcibly removed from the country are barred from reentry for a specified period, depending on the grounds for deportation.
According to the U.S. Citizenship and Immigration Services (USCIS), there are 4,560 Korean American DACA recipients, placing them sixth overall by nationality. The top five are Mexico (426,570), El Salvador (20,740), Guatemala (14,080), Honduras (12,800), and Peru (4,690).
Dave No, an immigration attorney, noted that “the Trump administration seems to be adopting exclusionary policies against DACA recipients, such as removing them from eligibility for Obamacare.” He also cautioned that even minor infractions should be avoided, adding that driving under the influence (DUI) is considered a serious offense that could lead to denial of DACA renewal.
BY YEOL JANG [jang.yeol@koreadaily.com]
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