As part of the administration of its programs, U.S. Citizenship and Immigration Services (USCIS) exercises its prosecutorial discretion on a case by case basis to defer action on instituting removal proceedings against individuals.
US Code:
8 USC 1103
Name of Law: Powers and duties of the Secretary, the Under Secretary, and the Attorney General
USCIS is reporting program changes as a result of the proposed rule Preserving and Fortifying Deferred Action for Childhood Arrivals (RIN 1615-AC64). USCIS proposes to modify the existing filing process and fees for DACA by making the request for Employment Authorization, on Form I-765, optional and charging a fee of $85 for Form I-821D.
USCIS has made some minor changes to the Form and Instructions for Form I-821D as a result of the changes proposed by RIN 1615-AC64. The full scope of changes is detailed in the Tables of Changes submitted with this information collection request.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.