Request for Deferred Action for Childhood Arrival

Forms and Documents

Document Name	Status
Form Request for Deferr Application for Deferred Action for Childhood Arrivals Form	New
Emergency Clearance Request-rev.pdf Supplementary Document	2012-08-14
Form I-821D Supporting Statement-8 14 12 FINAL.docx Supporting Statement A	2012-08-14
Memo - Prosecutorial Discretion.pdf Supplementary Document	2012-08-13
SORN - A-FILE.docx Supplementary Document	2012-08-13
SORN - USCIS Benefits .doc Supplementary Document	2012-08-09
Reference Citation (II) 8 USC Sec 1103.docx Supplementary Document	2012-08-09
Reference Citation (I) - INA 103.docx Supplementary Document	2012-08-09

IC Document Collections

IC ID	Document Title	Status
203576	Application for Deferred Action for Childhood Arrivals Form	New

ICR Details

OMB Control No: 1615-0124	ICR Reference No: 201206-1615-008
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: DHS/USCIS	Agency Tracking No: I-821D
Title: Request for Deferred Action for Childhood Arrival
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 08/14/2012
OIRA Conclusion Action: Approved without change	Conclusion Date: 08/14/2012
	Date Received in OIRA: 08/14/2012
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is approved for 6 months. If USCIS decides to continue use of the collection past the approved emergency request clearance time period, it must resubmit to OMB under the normal PRA clearance process.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2013	6 Months From Approved
Responses	1,041,300	0	0
Time Burden (Hours)	2,863,575	0	0
Cost Burden (Dollars)	0	0	0

---

Abstract: 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.

Emergency Justfication: USCIS is seeking emergency review and approval of this collection of information under 5 CFR 1320.13. Based on USCIS and legacy INS’s past experiences, there is significant concern that unauthorized practitioners of immigration law or unethical attorneys will seek to take advantage of individuals who may be eligible for consideration of deferred action under the new process in the period between the announcement and the implementation of the procedures for accepting requests for consideration of deferred action. The longer the period before the process is implemented, the greater the risk that this fraud will occur and that it will be on a large scale. In order to prevent against a significant outbreak of fraud, the process needs to be implemented quickly. USCIS believes that it is in the public’s best interest to forgo public notice and comment before implementation of these forms.

---

Authorizing Statute(s): US Code: 8 USC 1103 Name of Law: Powers and duties of the Secretary, the Under Secretary, and the Attorney General
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

---

Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Application for Deferred Action for Childhood Arrivals	Request for Deferred Action for Childhood Arrival	I-821D

---

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	1,041,300	0	0	1,041,300	0	0
Annual Time Burden (Hours)	2,863,575	0	0	2,863,575	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This a new information collection.

---

Annual Cost to Federal Government: $114,552,916

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

---

Common Form ICR:  No

---

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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 08/14/2012

---