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21 CUNY L. Rev. Footnote Forum 1 (2018)

handle is hein.journals/cunyform21 and id is 1 raw text is: 








              CUNY Law Review Footnote Forum
                           January 29, 2018

Recommended citation:
Janet Calvo, Protecting the Rights of DACA Recipients as Persons Residing Under Color
ofLaw in New York, 21 CUNY L. Rev. F.1 (2018).





PROTECTING THE RIGHTS OF DACA RECIPIENTS AS
    PERSONS RESIDING UNDER COLOR OF LAW IN
                           NEW YORK

                           Janet M. CalvodI

                           INTRODUCTION

   While the future immigration status of those who enrolled in DACA,
Deferred Action for Childhood Arrivals, is uncertain, they should remain
eligible for both professional licensing and Medicaid in New York as they
continue to be PRUCOL, permanently residing under color of law, whether
or not DACA is ultimately rescinded. Almost 800,000 non-citizens who
came to the United States as children have been afforded DACA.I As of
2017, there were over 40,000 approved DACA recipients (DACAs) in New
York.2 The USCIS reported that as of September 4, 2017 there were 32,900
active DACAs in New York .   A future immigration status for those with

   dl Professor of Law, CUNY School of Law. This was written with the research
assistance of Bianca Granados and Cheryl Walker, CUNY School of Law 2019, and the
comments of Professors Ruthann Robson, Nermeen Arastu, and Natalie Gomez-Velez.
    1JENS MANUEL KROGSTAD, DACA HAS SHIELDED NEARLY 790,000 YOUNG
UNAUTHORIZED IMljIGRAINTS FR OMDEPORTATiON, PEW RES. CTR.: FACT TANK (SEPT. 1,
2017), HTTP ://WWW.PEWRESEARCH.ORG/FACT-TANK/2017/09/0 1/UNAUTHORIZED-
IMMIGRANTS-COVERED-BY-DACA-FACE-UNCERTAIN-FUTURE/?SL&UTM CAMPAIGN=2017-
09-06+PNN&uTm MEDIUM=EMAIL&UTMSOURCE=PEW [HTTPS://PERMA.CC/ZK86-S53 S].
   2 U.S. CITIZENSHIP & IMMIGRATION SERVS., No. OF 1-821D, CONSIDERATION OF
DEFERRED ACTION FOR CHILDHOOD ARRIVALS BY FISCAL YEAR, QUARTER, INTAKE,
BIOMETRICS AND CASE STATUS FY 2012-2017 (2017),
https://www.uscis.gov/sites/default/files/USCIS/Resources/Reports /o20and /o20Studies/Im
migration o20Forms o2OData/All o2OForm o20Types/DACA/dacapefformancedatafy20
17_qtrl.pdf [https://perma.cc/T7W6-RP8X]. There were almost 800,000 DACA recipients
approved in the country, with the largest number in California, over 200,000. Id.
   3 U.S. CITIZENSHIP & IMMIGRATION SERVS., APPROXIMATE ACTIVE DACA
RECIPIENTS: STATE OF RESIDENCE 6 (2017),

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