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Heinrich Leads Legislation to Protect Dreamers’ Data, Prevent DHS from Referring Dreamers to ICE & CBP

WASHINGTON — U.S. Senator Martin Heinrich (D-N.M.) led the introduction of the Protect DREAMer Confidentiality Act, legislation to provide a statutory guarantee to current and prospective Deferred Action for Childhood Arrivals (DACA) program applicants, also known as Dreamers, that the private information they provide in their applications will not be weaponized against them as the Trump Administration increases information sharing to advance their draconian mass deportation agenda.

Last month, the Trump Administration gave Department of Homeland Security (DHS) personal data, including immigration status, on millions of Medicaid enrollees and announced it would require some undocumented immigrants to register with DHS. The Administration also finalized an agreement giving U.S. Immigration and Customs Enforcement (ICE) access to taxpayer data from the Internal Revenue Service (IRS) for immigration enforcement. Meanwhile, the Administration’s Department of Government Efficiency (DOGE) recently gained access to key immigration databases, including the Executive Office for Immigration Review’s (EOIR) Courts and Appeals System (ECAS), U.S. Citizenship and Immigration Services’ (USCIS) Data Business Intelligence Services, which contains information on noncitizens who have applied for DACA, and the U.S. Department of Health and Human Services’ (HHS) Unaccompanied Alien Children portal.

The Protect DREAMer Confidentiality Act will prohibit the DHS Secretary from disclosing information included in an individual’s application for the DACA program to law enforcement agencies, including ICE and U.S. Customs and Border Protection (CBP), for any purpose other than the implementation of the DACA program, with limited exceptions.

“Dreamers in New Mexico and across the country are frontline health care workers, teachers, firefighters, police officers, and scientists. These inspiring young people are Americans in every sense of the word except on paper, and they want nothing more than to be productive members of their communities. Unfortunately, the Trump Administration doesn’t care about any of that and is indiscriminately sharing the private information of Dreamers. We need to ensure that Dreamers’ private information is not weaponized against them and is protected — full stop,” said Heinrich. “That’s why, for years, I’ve championed the Protect DREAMer Confidentiality Act to safeguard Dreamers’ DACA application information and provide DACA applicants with a sense of security as they continue on their paths to citizenship. I call on Congress to quickly take up and pass my legislation to make sure Dreamers are able to stay in school, keep working and contribute to our economy, and remain in their homes and neighborhoods.”

Since 2012, more than 825,000 people have received deferred action pursuant to DACA, contributing an estimated $140 billion to the U.S. economy in spending power and paying $40 billion in combined federal, payroll, state, and local taxes.

In 2021, a federal district court judge paused the DACA program and prevented USCIS from approving any new DACA applications. Since then, USCIS has continued to accept and hold initial applications and more than 100,000 initial DACA applications are currently pending. Earlier this year, the U.S. Court of Appeals for the Fifth Circuit issued a decision limiting that 2021 injunction to just Texas, allowing USCIS to begin processing those pending applications from the other 49 states. However, USCIS has not done so, nor have they provided the public with a timeline for when those applications will begin to be processed. And many individuals who could be eligible for DACA fear that applying for the protections afforded by DACA will allow the Trump Administration to weaponize the information they provide against them or their family members.

The Protect DREAMer Confidentiality Act sends a clear message of support to the hundreds of thousands of DACA recipients and prospective applicants. Increased protections for their personal information are essential to make sure that they are not unfairly targeted for immigration enforcement and ensure that they can utilize the DACA program and continue to contribute to our communities in New Mexico and across the country without the fear of retribution.

Specifically, the Protect DREAMer Confidentiality Act will:

  • Direct the DHS Secretary to protect the information included in an individual’s application to the DACA program from disclosure to ICE, CBP, and any other law enforcement agency for any purpose other than the implementation of the DACA program;
  • Prohibit the DHS Secretary from referring anyone with deferred enforcement protections pursuant to the DACA program to ICE, CBP, the Department of Justice (DOJ), and any other law enforcement agency; and
  • Provide limited exceptions for when an individual’s application information may be shared with national security and law enforcement agencies, namely:
    • To identify or prevent fraudulent claims;
    • For particularized national security concerns; and
    • For the investigation or prosecution of a felony, provided that the felony in question is not related to the applicant’s immigration status.

The legislation is led by U.S. Senator Martin Heinrich (D-N.M.). The bill is co-sponsored by U.S. Senators Brian Schatz (D- Hawaii), John Fetterman (D-Penn.), Sheldon Whitehouse (D-R.I.), Ben Ray Lujan (D-N.M.), Patty Murray (D-Wash.), Mazie Hirono (D-Hawaii), Catherine Cortez Masto (D-Nev.), Bernie Sanders (I-Vt.), Ed Markey (D-Mass.), Tammy Duckworth (D-Ill.), Jacky Rosen (D-Nev.), Michael Bennet (D-Colo.), Elizabeth Warren (D-Mass.), Chris Van Hollen (D-Md.), Ron Wyden (D-Ore.), Andy Kim (D-N.J.), Richard Blumenthal (D-Conn.), Peter Welch (D-Vt.), Amy Klobuchar (D-Minn.), Lisa Blunt Rochester (D-Del.), Angus King (I-Maine), Jack Reed (D-R.I.), Alex Padilla (D-Calif.) and Chris Murphy (D-Conn.).

A one-page summary of the bill is here.

The text of the bill is here.

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