State of Texas et al v. United States of America et al

Filing 64

REPLY in Support of 5 Opposed MOTION for Preliminary Injunction, filed by Phil Bryant, Paul R. LePage, Patrick L. McCrory, C.L. "Butch" Otter, Bill Schuette, State of Louisiana, State of Alabama, State of Arizona, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Kansas, State of Montana, State of Nebraska, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wisconsin. (Attachments: # 1 Exhibit Ex 1, # 2 Exhibit Ex. 2, # 3 Exhibit Ex. 3, # 4 Exhibit Ex. 4, # 5 Exhibit Ex. 5, # 6 Exhibit Ex. 6, # 7 Exhibit Ex. 7, # 8 Exhibit Ex. 8, # 9 Exhibit Ex. 9.a, # 10 Exhibit Ex. 9.b, # 11 Exhibit Ex. 10.a, # 12 Exhibit Ex. 10.b, # 13 Exhibit Ex. 10.c, # 14 Exhibit Ex. 10.d, # 15 Exhibit Ex. 10.e, # 16 Exhibit Ex. 10.f, # 17 Exhibit Ex. 10.g, # 18 Exhibit Ex. 10.h, # 19 Exhibit Ex. 10.i, # 20 Exhibit Ex. 10.j, # 21 Exhibit Ex. 10.k, # 22 Exhibit Ex. 10.l, # 23 Exhibit Ex. 10.m, # 24 Exhibit Ex. 10.n, # 25 Exhibit Ex. 10.0, # 26 Exhibit Ex. 10.p, # 27 Exhibit Ex. 10.q, # 28 Exhibit Ex. 10.r, # 29 Exhibit Ex. 10.s, # 30 Exhibit Ex. 11, # 31 Exhibit Ex. 12, # 32 Exhibit Ex. 13, # 33 Exhibit Ex. 14, # 34 Exhibit Ex. 15, # 35 Exhibit Ex. 16, # 36 Exhibit Ex. 17, # 37 Exhibit Ex. 18, # 38 Exhibit Ex. 19, # 39 Exhibit Ex. 20, # 40 Exhibit Ex. 21, # 41 Exhibit Ex. 22, # 42 Exhibit Ex. 23, # 43 Exhibit Ex. 24, # 44 Exhibit Ex. 25, # 45 Exhibit Ex. 26, # 46 Exhibit Ex. 27, # 47 Exhibit Ex. 28, # 48 Exhibit Ex. 29, # 49 Exhibit Ex. 30, # 50 Exhibit Ex. 31, # 51 Exhibit Ex. 32, # 52 Exhibit Ex. 33, # 53 Exhibit Ex. 34, # 54 Exhibit Ex. 35)(Oldham, Andrew)

Obtained via FOIA by Judicial Watch, Inc.
INTERNAL USE ONLY

U.S. Citizenship

and Immigration
Services
Office o.fCommmricatiuns

Public Affairs Guidance
ISSUE

Deferred Action for Childhood Arrivals
LAST MODIFIED
July 25,2012
GUIDANCE

Refer ALL media inquiries (both English and non-English) to the Office of Communications Media
Relations Division. Refer all other inquiries to www.uscis.gov.
PRODUCTS
• Web oage: Includes Questions & Answers in English and Spanish (will contain the most up-to-date
information)
• DHS Memo: Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the
United States as Children
• News Release: Secretary Napolitano Announces Deferred Action Process for Young People Who Are
Low Enforcement Priorities (Also available in Spanish)
• "Not Yet in EtTect" flyer
BACKGROUND

During the past three years, the Administration has undertaken an unprecedented effort to transform the
immigration enforcement system to focus on pub1ic safety, border security and the integrity of the
immigration system. As DHS focuses its limited enforcement resources on removing people who pose a
danger to national security or a risk to public safety, DHS will grant prosecutorial discretion on a case-bycase basis to low priority enforcement cases of childhood arrivals who were brought to this country
through no fault of their own.
Secretary Napolitano directed USCIS to establish a clear and efficient process for exercising prosecutorial
discretion - deferred action- for people who meet the criteria outlined in her June 15 memorandum.
TALKING POINTS
• On June 15, Secretary of Homeland Security Janet Napolitano announced that certain young
people who were brought to the United States as children will be eligible, on a case·by-(;8SC basis,
to receive deferred action.

•

A grant of deferred action would prevent these young people from immigration proceedings and
possible removal from the United States.

•

USCIS will implement a process on August 15,2012 to allow eligible young people to request
deferred action and employment authorization.

•

Individuals who believe they are eligible should not submit a deferred action request before
August 15, 2012- it will be rejected.

App. 0221

Obtained via FOIA by Judicial Watch, Inc.

•

Always be aware of immigration scams. Unauthorized practitioners of immigration law may try
to take advantage of you by charging a fee to submit fonns to USCIS on your behalf. Visit
www.uscis.gov/avoidscams for tips on filing fonns, reporting scams and finding accredited legal
services. Remember, the Wrong Help Can Hurt!

•

USCIS remains committed to upholding the integrity of the immigration system. Individuals
requesting deferred action through this process are subject to background checks.

Implementation Framework (Section added July 25, 20/2 and subject to modification)

General Overview

•
•
•
•
•
•
•
•

USC IS plans to accept requests for deferred action beginning on Wednesday, August 15, 2012.
All requesters- those in and out of removal proceedings and those with final orders- will use the
same request process.
Requesters will use a modified form established for this specific purpose.
Requesters will mail deferred action requests, an application for work authorization, and all
applicable fees to the USCIS lockbox.
The required fees will total $465. Fee waivers are not available.
The four USCIS Service Centers will review all requests.
Using a modified fonn allows USC IS to use its current customer service infrastructure, which
includes case status online, text messages, email messages, and the ability to track case status by
calling the 1-800 number.
All requesters must provide biometrics and undergo background checks.

Outreach/Communications

•
•
•
•

Beginning in July, USCIS District Offices around the country are engaging with community
partners about the unauthorized practice of immigration law aspect of the deferred action
initiative.
Beginning in early August, USCIS headquarters and field personnel will hold trainings sessions
with stakeholders and congressional staffs to ensure they receive up to date information. (How to
apply, what evidence should be submitted, expected time frames, etc.)
USCIS will continue holding stakeholder sessions after the process takes effect on August 15 to
ensure clarity for our customers.
USC IS will work closely with media, specifically non-English media, to ensure that accurate,
timely messages are provided to the public.

Private funderslcommunity capacity

•

In anticipation of this process, USCIS encourages the community to build both legal and financial
capacity to help those in need of services.

App. 0222

Obtained via FOIA by Judicial Watch, Inc.

•
•

above criteria and are at least IS years old, for a period of two years, subject to renewal,
in order to prevent low priority individuals from being placed into removal proceedings
or removed from the United States.
The USCJS process shall also be available to individuals subject to a final order of
removal regardless of their age.
USCIS is directed to begin implementing this process within 60 days of the date of this
memorandum.

For individuals who are granted deferred action by either ICE or USCIS, USCIS shaJJ accept
applications to determine whether these individuals qualify for work authorization during this
period of deferred action.
This memorandum confers no substantive right, immigration status or pathway to citizenship.
Only the Congress, acting through its legislative authority, can confer these rights. It remains for
the executive branch, however, to set forth policy for the exercise of discretion within the
framework of the existing law. I have done so here.

3

App. 0223

Obtained via FOIA by Judicial Watch, Inc.
Metaxas, Penny
From:
Sent:
To:
Subject:

Paoli, James 0
Thursday, July 26, 2012 11:04 AM

Houghton, Timothy J; Cinotti, Brenda; Metaxas. Penny
No Fee Waivers for deffered Action

Fee is 465, no waivers!
James D. Paoli, Associate Counsel
Northeast Region

USCIS, OHS
Holtsville, NY
I

(b)(6)

1

App. 0224

USCIS- Consideration of Deferred Action for Childhood Arrivals Process

Obtained via FOIA by Judicial Watch, Inc.

Page 5 of6

ofle-.

r.o... been COtlvieted of o felony
o slgnlftcont milclemelll10r o!lense, or lhree o r other mls4emeoMr Oflanoea not
en 1M somo dote ond not orlslng ou1 of UIO aomo oct.
omission. ot sc:Mmo ol rnlaconduc:t. or a"' othetwiM doomed to poao o lh"'ot to noti0n4t oeQU\ly
or pubiC oalety. you wiD not bo COtlsld- ror do!erred Gdlon undor IIIIa PfOCftl.

II you

oc:cumno

Wllallallle dllfetenu- -..nlllcanl m--.nor", "nnnqnlllcant -....nor",
end "feeony-?

A~ns~-rtso

A felony Ia o 1 .

A crtmo Ia conslderod a ftOf>o

-.or 1oco1 crtm!n41

mild&.,..,.,.,. ~d by leda101

algnlfUM tnisdemoanor

ot!anao punlal\ol>le
by tmprllonmo1\tlor

10w(~!ly. Oft1llorwlllc;hlh0

(tnllllilnum """' of

oneyur.

lmpllooftmenlla 01\11 YOM or
leu 1M g:eator 0\an IIYo days)

1. R0911rdlels or thO sontence
lmpoaod. b on offent& or

o tetm ea-dlllg

tnaJ:lmum term of ~mpttsonmenl
OU!l>Orilod bono par or len t>UI
. greater 11\on lin cloys) and:

1. Ia not an offense of
-Yiolonao; M>NOI

-'Wiolenoo: _..,,

n11:

-

or e>Pioltatlon:

bur;lary. unlawM pone salon

bur;lary. unl.....tul
possession 01 .... of •

or use or a firNnn; drvg

mann:<IN9cfislrilluti0n

~ ortra.tiJnt; or.

or nlfalng: or. c1r1vtng

-

or exploO\I!Jcn;

undetlhO lnllltence; and

clrMng undetlhe ~~~-.

or.

2. laonelor-0\e

2. llnotono!lonoellolodobo¥11.
ln<IMdualWIIIIOntenced
16 t;me in culllody of 90
Is cno lor wllietlllle tndlvicNol
wn sentenced to t;me In
days orloas•
.., alocly or ,.,.,.lh•n 90
cloy&_ The aontonos mull
IINO!Ye timo to bo served In
01slocly, and thetolo<e does
notlncluc!e o ~od
Mntence.
.
A minorlnlftlc ollense....n notbo co~ amsdomo.,.,.forputposos ofl!l!spn>cess. IM ~~~
impollant to emphoslze tl\ot drMng undetlhe ~ Ia o aig1liiiC:anl mlldemeanorre;anllnl o1
!he -Imposed. You can r...s cleta!od infom\olion In 1M Nabonol Se<:un!y and PubliC Safety
se<:tion of 1M F
Aalod Ouostions.

.

.. -

""'uenl

Renewing Deferred Action Under Thla Process
lndMduollwlloao cooela deferred under Oils piCCOaa will not bo placed Into""""""' proceedings
or removed f!Onllhe United Stotealor a pellod or two yeort, unleu ht!mlnatod. You may ""!VOlt
consldet111ion lor o -year monslon of dofarred OCIIon tJuougll o p1CC01alo bo detoiled In the
Mure. AI long oayouwereunderO>e •of31 on Juno 15, :t012, you may ""'UfJIIo...,.....,
even 11tartum!ng 31. Your""'""'' for an oxtanlion wiD bo consldeM on a c:ase-by-cnao bosla

Don't Be a VIctim of Immigration Scams
~ ptDCiitionersmoy ....,.me to ~e you'lll!lll r - - i l y o u pay O>&mo lee.

These people ons ttytno to acom you and lake your ft>Oftey. Vta.1 our Avoid Seoms pap to leDm
how you cen pro!$CI youree!l frOm ifnmiGtOiiOn ecems.
Mil~& lUTe you eeek lnformotion obout consldorotion or deferred ac:llon lOt dlildhoocl orrivols f!Onl
oft'aol o-miOU!CI!tluctl oa USCIS orll>e lle~nt of Homeland Secun!y. llyeu ore
MolllnO toool odvleo. -'Ill our Fill~ Le9111 Sorvicoa PC9010ioam- to chooao o lic:otnaod onomoy

or (IQO'e<folod repreaontOliw.
Rornetnt>er you con -load on USCIS ~t lor !reo c t - wscla.govlforma.

Combatting Fraud
IJSCIS IS CIOmmlllod to~~ 0\e ~of 0\e lmMsgra!IOn proce»- II tndivicNa!s
"fttW1:9Y tMile o mastep1eUntation. or~ faa to dlldoao IOCIS. in on etiM talla-..lhOir
c a a a - or obloin- - l l n u g h INa ptOCHS.Ihey Will bo 1nl8led 01 on
irnmi;niiJon etlforcemenl ptiOn!y to 0\o fullelle.tlonl permmed by"""· and bo IU'bjeclto crtm!nol
pt'OSecution 01\d.'or removal f!Onl ~ U~od Sletea.

Rotumtolop
Fi:ld this pDgo ot ,..,., usci$ govlcM<!IIOOdorrovol•

....-------.....

-.. ..................- ----·--.. ·- --

lnfoPaaa

Clllzonnhlp

U.S. Oopertmonl or Homclond S«urity

My Ca$0 Stotu•

Gre<>nCard

U.S. Cwatoma & SordorProtoctlon

Prlvocy Act

Chongo of Addro. .

Family

U.S. Immlgnollon 8 C~tomr>

No FEAR Act

U8CtS F-dom of lnfotmelton Act ond

App. 11/6/2012
http://www. uscis.gov/portallsite/uscis/menuitem.eb Id4c2a3e5b9ac89243c6a7543 f6d 1a/?v... 0225

USCIS - Consideration of Deferred Action for Childhood Arrivals Process

Obtained via FOIA by Judicial Watch, Inc.

Page 4 of6

~. 0114-USCIS-t~-1\dioninyourca...

FM1EllempCioM
lh.,. ore no IHWD!ven O¥Gi1Gble for thedefe!Nd O<tion fl>rdlikiiiOO<I Otrivolt p - t . """
...,~ 1n very Hmlle<l - - • · Vitllllle Fee Exemptioftpe;e lOt.,_

""'mptions.,.
<I.Wit.

IIUSCISOoltfsA-nln YoutC.M
Husas defets- 1n your cote 01td oronu ~ ov11101izo1loft. yoo. will _.,. o 110t1ce
of clecllion In Wilting onot on~~- Doc:umeftltepDmttly In lllo mell.

11 uaas Doe• Not Ea...,l.. Detonwd Actl"" 111 Yo.rcuo
lfUSCIScloddn notlodeflrootion inywrcooe. you cannot--' the clecHion or Moo a modon10
,_or.....,nslder.USCISwillnOI-its<l-"flleleUSCI$1Mil8pply OUt poliCy~~~~- QOWITI!ng the relan'al of"""' Ill u.s. ·~­
CUIIOmt~ni(ICE) Qnd llle!Uuance of-.loApptQI (NTA). YowcaHdoet Oof
1nvGM a C11mincl
1reut1. cr o IllNIDI to n..._, securily or publlc oaflly, your....., wil not
bt ~ IOICE lotP\I!PO ... Of-ol~a..captw!we DHS ~- .,.
exctjllioMteitcll-t.Fot-clollllledlltformaiountnea;>p!ICill>leNTApollcy.uscis oov~t~TA.

off-.

-:

- · · -Emlra
You may nlqUISI o -~lite 6eMce Requftl MDna;ement TOOl.,_.. Wyou met Ill Of
lhe process gvldo(lnea end you befi1MtiNI yoo.r noq~~ell wae cleniod beelu&e of on ~•
• ...,.. Eumplesol odmiftlatroli.. onoralnduclo USC1S denying yco~rrequoll for cloferred action

-the.,.__-;

..._you-

• USCIS
yovt c:as6 1!, not respo1tdinQ 10 a Reqwll , , E~ (RFE)
0114you daim l!lllyou<licl~eapond 1o lie ME
01
• USCIS rnolltd"'" RI'E lolllawrong odd'""..., lllougltyou had s u - d al'orm AR•11,
Cllongo of AIIIINu. ordlllnged your ollll,.u online 81-.usd•·IIO• btlore lhe 1.........,. of
11\oRa~lorE.tdtftCO.

Tomdteo serv1oo requool you mua1 cantne Nefionlllc..otDmerSerwtceC.nle<ol 1.eoo-37S.
5283.AUSClSou-MMoo_-.wiDthen_yOUt_.tollle-USCII!I
~. Your-,.quett-.81bt-lot~Oitd\ISCI8will-younlttttt

illfolminQ y o u o l l t Tho UICIS ,._OI~SerwlceC<In18tiiiiOWOpent.londoy-F!Idoy hm8 o.m. -8p.rn.
ill eedt U.S. lime =e.

be--

Travel Requlnnnanta and Restrictions

Uta_,.,.,_

Cenaln \'IWe!OUbiclallle ~~""''Gillet
reside- gvidtliftt. Alief Auoull
15. 2012.1fyou 118v~ -tile Uftited 81111$1. you will net
lOt de!et1'811 ecdon
undeflllis _ . . HUSCIS ~your noqueatlotdelefre<IOdiOII, 111en you con-81 . . -

--of

be-

llleUniled-OIIIfWyouOjlplyfOt8M_IW_puol4o,_USCl$. -pj~rolehl
ovtilablolot ...,..,IOteducetiona!, -loyiMIII o r - t e u o n t. You mv11 Moon
oppllc:alion wilh USCI$ ond e>!'toin ,.,... you need to
lilt_,...,. All odvonoe
Pllfllht rwq>~eataw'AI
on acas~DIIIll.

-c:e

!

Tnonl-en l>ero.e Auguat15, 2012, wiD notbedeemo4 IOimafTIIJIIyourc:cntinuoua
if Ule h\'114 was D11111, caiUIIIIIIICIInnocenl.

TYJMI of Tnvol

Tra..t Dates
8ofOtt Auguo115, 2012

• tltltf

No

. ..._
• ClluOI

• FOtonutendedtime

: Yes

• lltc<IUM olan ontor of •
""d!lsion. departlllicm. .

or removal

• To ponicipole In
c:M'inaloeiMty

--you-

All« Augull IS, 2012,
tn<ll>eloreyouhave

• Any

!

v...

re~delerred

...

... .

Allot Augvll t 5, 2012,

_.ed.,_

acllon

-

• Any

v ... Y o u - t - . . - y o u t

· noquolllsundtrtev-.
; You cann01 opply fl>r •~ ~
....... ....,_ Olt&hllt
--llldtfttoaloll
in your CDIO.

If you ha. . beenOtdtled ~odct..-, ondyou lhen ~e;Jve Gte\lniled SWM. your

<ltpoltute may ...ulllnyoutl>elng - - d t p o t l t < ! O t - . - ...,_.,

-r.m...

lmmigrotlon - - - ··
Fofdecailed inlotmolion eoollle Ttovelt~ of Ole~~ Ailed av..tioM.

National Security and Public Safety Guidelines

App. 0226
http://www.uscis.gov/portallsite/uscis/menuitem.eb I d4c2a3e5b9ac89243c6a7543 f6d lal?v... 11/6/2012

Obtained via FOIA by Judicial Watch, Inc.

USCIS - Consideration of Deferred Action for Childhood Arrivals Process

Pwool you continuously teslded
in u.s. ~~- Jllne 15. 2007

Page 3 of6

• M11i1Dry tecol'do(form 00.214 orNGB form 22)
• OOdalreconlllrom 0 teliglo>/S entlly CC11fttmlng
~tloninoteDQIOIIscetemOI\y

• Copies of money 01128< ,.,..;p-. lot money sent In or cut
of tile COIIIIIry

. Panporl-·

• 8ltlll C01111\c41n o l - born in tie U.S.

• O:lted~Mtn• Social Seanlly coni
• Autcwnot>ile license tecei;lls or tegistnlticn

• Ooecls, mortgages. renll)l oo-nt - • Tox receipts. iniU10nce poOcles

Pwoof of your lllldenlll<lllls ot
tlletimeofteC~VHiinD
~of de!orrecl CellOn

• SCIIcol teconls (11Moctipn, teport conls, ele}lrom tile
1C1>o01 thGI you ate Qlfi'Otltly 01!9nclmg In tho United

Slam -ng tho ftllmt{s) of tile - l • l &nd
I*'Ods o f . - olendance Gild tho amen!

fotdlil-onwaia

e<luCOIIOMI e<~ level

• u.s. hip -d~ orcettfQte of~
• U.S. GEOce-te

Pwool you ore on honorobly
dlad\ofVed ¥elof11n ol tho
Coost CuORI or Aimed Forces
of tile u.s.

• form 00.214, ~cote of Release or011d\ef110 lrom
-Duly
• NG8Form22. NollonolGw11d ReportofSepomllan
lind Reconl or SeMce

• Mifilary pet10M01reconls
• M,lilllry helltll roco<do

S.. ovr Fr~uon11y Aoked Ountlons lot itlfotmnticn on ~Sing olllclhits 0 1 evidence "' "'l'PPff your """'est.

Retomtotop

FOmiNIIM

Foe

1-8210. Conlldorollon of OelcneG Acllon lor

Tolal roe of s.cts S380 In p11n m In lor
blomottlc aeMcos.

Childl>ood Ain'<o!t

Fonn Flnng Tlpo

• Formo must be mailed 10 tllo USCIS LOQ.bo•.
• Vov C411nol e-ftle your deferred action req110stlor IIlio PfOCIOU.
• II you ,..,.. quelliono caD llle ~ SeNioe Ccntor ort.eoc>-375-5283: do HOT ..till o
USCIS !old oflloe in person.
• -your ftO'ftO ond dale of billh ......ey

111o...,...-.., m eaclllorm.

• FoiMe co Mm!l Formol-41210. 1-7&$. I-765WS ones tile 1465 leew.ll ruu!!lnyour
. . - . bOlng tejecled.

• We prelerlhetyoudowntoadlllo tcrmslrom...,-.nt.llltlle1llou1etecllonically. ones
lheln print your forms.

• Use bladllnk only. Oo NOT UM higiii>Ohlefl 01 ted Ink on your fotms oolhey mey mll\e
your mo1orlolo undol~le wtton ICDMed.

• EMute t11et yov Ote ullng 11>0 oorred edl1ion of tile form. Tilt oorted. motl cum~nt edition
of every U8CI8Io1m Is olwayt ovo;leble ~FREE- on IIlii ~blile.
• EMute lhot yov pro..tde oil ~ ~UPPCrljng clocumenlmlcn ond evidence.

• Oroonllo ond tnbtl-e<>oe by "'• gvid~ine nmeet•
• So ...,., 10 sl;n Oil of y0111 lotml.

• Se s.ee t11et you mars ou PDQOt ofl!le !otms
• II you mull Cllonge your l<lnn,- recommend 11\01 you MOift WOih o new fotm. mll>er tl\an
trying 10 ..mn. OUIInformotion, wtt!ch Clln leod 10 ICOMift9 emm,

Mall your ro""* to 1M app101111ato USCIS Lockboa.
See tht moi11ng inscructio(lo~Formi-821D. Includetllof11Quirtdl..._,l"s ones
suppolllng docwnenl4tionwfthy0\lrfo~ng . Rememl>erlo careM1y rooowlnltrvelionl
ones luOy complete your forms. USC IS will not accept Incomplete forms or 1otms
wilho<rlproper lee. USCIS 'llliD mollyovoreosipl ofteroccep\intyour "'Quest. Vov
mey oloo chooM 1o reosivo on emoil ondlor- meuogo noti¥n; you 11101 your
tonnl\oa- occepll!d byc:cm;>leting o FormG-1145, E·Notificotic>n or
AOp1;eolion/Ptlrl>On Aooeptance.
~II an Appllca11on SUpJIOfl Cenlltr (A&C)ror blometJtc oorwlces.

Mer USCIS reoeivet your """''>'e>e f11Qutll Wllh Ma, -

wUI send you a ~you to vii'! on ASC to~~ MMces. Hyou fail to Ollendyovt
ASC ~ USCIS mey dOfrt yout req...est ~ d t f - a<tion. Children
under 14 In te..-a1 pn>ceeclings. """ o final temoval older, or wi1ll o ~
dePOIIute onrer, and wttc ate not in lmMign>llon detantion. will appear o1 t11o ASC
lot phologf11phs only.
<:tteck lllo lllalua of your roqu.,.t on C:uo Stotuo Onllno.
Tho 9().d&y period lOt re'flowlng Form 1·765 filod together wl1h Form 1
·&:21 D boglno II

App. 0227
http://www.uscis.gov/portaVsite/uscis/menuitem.eb 1d4c2a3e5b9ac89243c6a7543 f6d 1a/?v ... 11/6/2012

Obtained via FOIA by Judicial Watch, Inc.

USCIS -Consideration of Deferred Action for Childhood Arrivals Process

• Hll.. ,.liclocl-outlylnllleU.I .
aln,. .Mie 15, :ZOOT;

• - - 31yem11old
• Had "' tile Utoiled Slales bof...
)'011111111111-.,

.

Page 2 of6

•

Wlfo~proool'lllnh Unllocl

61.tu ; -

-~,_ In llleuniled

SIDIn
• . . _ . , _ ....,._ byl!liSdote,

.

.,...,-~--~

atol--

• /olein ld>OOI. IIeve ~- ......
In lite U'*'l81alet. or-o

.

GED;ot
,.,..,~-......-ol

IIIOCO.IIou.nlotAtmodf-ofh
~~S!Gitt

• . . , -. .. .... ..11

v ......~-lorml!ll8ry-at!Mtlmeof

.._llnt<lcftmd--111 .. _ . .

........ tldolei!Mt ,.,.....'""
action...,,.,_ preaoa(YIIfl

lgrod-I'JQm:

Yn

• ,.._ ot p - hlgii!ChOOI; ot

•-..s..yochool.
Or

• I ~~eYe~ a GEO.

Yn

I om QIINIIIIy ~led i1l tc11oc1.

IMNEdueatiOnttdionolllleFAQsfOrofull
~of lOtiO il conlideled curnt..,
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App. 0228
http://www.uscis.gov/portal/site/uscis/menuitem.eb 1d4c2a3e5b9ac89243c6a7543f6d la/?v... 1116/2012

USCIS - Consideration of Deferred Action for Childhood Arrivals Watch,
Obtained via FOIA by Judicial Process

Inc.

Page 1 of6

Homo 1foplilol I Blogl Alctliw I lnltox

U.S. Citizenship

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and Immigratfon
Services
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Process

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App. 0229
http://www.uscis.gov/portallsite/uscis/menuitem.eb 1d4c2a3e5b9ac89243c6a7543 f6d l a/?v... 1116/2012

Obtained via FOIA by Judicial Watch, Inc.

Our Nation's immigration laws must be enforced in a strong and sensible manner. They are not
designed to be blindly enforced without consideration given to the individual circumstances of
each case. Nor are they designed to remove productive young people to countries where they
may not have lived or even speak the language. Indeed, many of these young people have
already contributed to our country in significant ways. Prosecutorial discretion, which is used in
so many other areas, is especially justified here.
As part of this exercise ofprosecutorial discretion, the above criteria are to be considered
whether or not an individual is already in removal proceedings or subject to a final order of
removal. No individual should receive deferred action under this memorandum unless they first
pass a background check and requests for relief pursuant to this memorandum are to be decided
on a case by case basis. DHS cannot provide any assurance that relief will be granted in all
cases.

1. With respect to individuals who are encountered by U.S. Immigration and Customs
Enforcement (ICE), U.S. Customs and Border Protection (CBP), or U.S. Citizenship and
Immigration Services (USCIS):
•

•

With respect to individuals who meet the above criteria, ICE and CBP should
immediately exercise their discretion, on an individual basis, in order to prevent low
priority individuals from being placed into removal proceedings or removed from the
United States.
USC IS is instructed to implement this memorandum consistent with its existing guidance
regarding the issuance of notices to appear.

2. With respect to individuals who are in removal proceedings but not yet subject to a final order
of removal, and who meet the above criteria:
•

•

•
•

ICE should exercise prosecutorial discretion, on an individual basis, for individuals who
meet the above criteria by deferring action for a period of two years, subject to renewal.
in order to prevent low priority individuals from being removed from the United States.
ICE is instructed to use its Office of the Public Advocate to permit individuals who
believe they meet the above criteria to identify themselves through a clear and efficient
process.
ICE is directed to begin implementing this process within 60 days of the date of this
memorandum.
ICE is also instructed to immediately begin the process of deferring action against
individuals who meet the above criteria whose cases have already been identified through
the ongoing review of pending cases before the Executive Office for Immigration
Review.

3. With respect to the individuals who are!!.!!! currently in removal proceedings and meet the
above criteria, and pass a background check:
•

USCIS should establish a clear and efficient process for exercising prosecutorial
discretion, on an individual basis, by deferring action against individuals who meet the

2

App. 0230

Obtained via FOIA by Judicial Watch, Inc.

Page I or 2

Tobias, Valerie
From:

Saucier, Shawn A

Sent:

Wednesday, October 03, 2012 4:18PM

To:

#NER-ASCM-LIST

Cc:

#NER SISOs and Section Managers; #NER-DD-FOD-COS; Goodwin. Shelley M: Kern, Suzanne C;
Maxim, Melissa W; Bibona. Lisa M; O'Neill, Anne M

Subject: Updated Reminder - Processed DACA Requestors as Code-3

ASC ISOs,
Please be aware that due to the validity of previous FBI fingerprint results , appointment notices asking
DACA requestors to appear at an ASC may indicate that the requestor be processed for biometrics as
a Code - 2. This should be ignored.
All DACA requestors, unless they are under the age of 14, should be processed for biometrics as a
Code - 3. The DACA Standard Operating Procedure, currently in use by the USCIS Service Center
Operations Directorate, requires that prior FBI fingerprint results not be used for determining if a
requestor meets the DACA guidelines.
Please let me know if you have any questions or concerns. Thank you.

Shawn Saucier
Immigration Services Officer
U S. Citizenship and Immigration Scr•1iC0:;
l~orlheasl Regional Office • AclJUdi Cillton~
Tele:
(b ) (6 )
Fax:
(b)\6 )

From: Saucier, Shawn A
Sent: Wednesday, October 03, 2012 1:41 PM
Subject: Reminder - Processed DACA Requestors as Code-3

ASC ISO,

11/14/2012

App. 0231

Obtained via FOIA by Judicial Watch, Inc.

Pagc2of2

following link:
(b ) (? )(E)

Please let me know if you have any questions or concerns. Thank you.

Shawn Saucier
Immigration Services Officer
U.S. Citizenship and Immigration Services
Northeast Regional Office -Adjudications
Tele:
(b) (6)
Fax:
(b) (6)

11/14/2012

App. 0232

Obtained via FOIA by Judicial Watch, Inc.
From:
To:
Cc:
Subject:
Date:
Attachments:

Benavides Jaime L
HQ Field Operations; Elliott Elizabeth D
Campagnolo Donna P; Dominguez Kathy P; Harrison Julia L; Christian Gregory W; Bryce Bunnie; Schaffer Timothy L; Benavides
Jaime L
RE: FOD must respond - FW: [URGENT CLEARANCE REQUEST] DACA SOP
Friday, August 03, 2012 8:46:01 AM
Draft DACA SOP (For Clearance 8-2-12) Field Ops edits.doc
image001.jpg

Good morning Beth,
The attached SOP was reviewed. No comments were provided on the SOP however several grammatical errors and
misspellings were identified and corrected.

Jaime
From: Elliott, Elizabeth D On Behalf Of HQ Field Operations
Sent: Thursday, August 02, 2012 9:42 AM
To: Harrison, Julia L; Benavides, Jaime L; Christian, Gregory W
Cc: Campagnolo, Donna P; Dominguez, Kathy; HQ Field Operations
Subject: FOD must respond - FW: [URGENT CLEARANCE REQUEST] DACA SOP
Importance: High

Good morning,
FOD must respond.
Please review the DACA SOP and appendices.
Given the magnitude of the SOP, SCOPS asks that you please limit your comments
to substantive issues. Please note that the NTA memo is under revision. Also, since it has
not been made available, the ICE referral process for non-EPS cases has not been updated.
Lastly, where indicated in the SOP, there are open policy calls that need to be addressed.

Responses are due NLT 11 a.m., Friday, August 3, 2012.

Respectfully,

Beth Elliott
Operations Support Specialist
On Detail to:
USCIS, Field Operations Directorate
(b) (6)
Ph –
(b) (6)
Fax –
From: Contaldi, Kerry T On Behalf Of USCIS Exec Sec
Sent: Thursday, August 02, 2012 7:52 AM
To: Rhew, Perry J; Grissom, John F; Rix, Donna L; OCC-Clearance; Patching, Laura; Eccleston, Hermene;
Alfonso-Royals, Angelica M; Wheeler, Shannon L; Parisi, Thomas M; Torres, Juan J; Simpson, Baxter; A'Vant,
May'Ardah L; Echevarria, Alexandra; USCIS OLA Clearance; Moore, Joseph; Quimby, Chris M; Croons, Patricia A;
Policy-Clearance; Graziadio, Josie; Hawkins, Donald K; Baker, Tamara L; Ratliff, Gerri; Patterson, Katherine R;
Salber, Matthew C; OPE Tasking; Melero, Mariela; Lacot, Rosalina; Gradowski, Leonard S; #USCIS - ESD Tasking
List; HQ Field Operations; Atkinson, Ronald A; Bianco, Anthony D; Kellner, Aris R; Merkovich, Melissa A; Fleet,
Andrea B; Hoobler, Kathleen B; RAIO Clearance; SCOPS-Clearance; Arroyo, Susan K; Cox, Sophia; Higman, Kevin
M
Cc: Scialabba, Lori; Carson, Rebecca S; White, William J; Baronof, Kimberly; Hunter, Adam; Davidson, Andrew J;
Gill, Lori Rothamel; Lai, Victoria W; Flores, Andrea R; Carter, Constance L; Bacon, William H; Robinson, Anthony
J; USCIS Exec Sec; Chang, Pearl B; Caraballo, Felix R; Correa, Soraya; Jones, Rendell L; Neufeld, Donald;
Velarde, Barbara Q; Nakajima, Simon T; Bucher, Steve P; Campagnolo, Donna P; Carpenter, Dea D; Cox, Rachel;
Dawkins, Laura; Harrison, Julia L; Herrera, Al T; Hinds, Ian; Hope, Leslie K; Hussey, Jedidah M; Karas, Karen W;
Kendall, Sarah M; Kleczek, Marguerite P; Lauver, Tinnina M; Lay, Dorothea B; Legomsky, Stephen H; Levine,
Laurence D; Lotspeich, Katherine; McCament, James W; Monica, Donald J; Nystrom, Marcia R; Phillips, Mark;

App. 0233

Obtained via FOIA by Judicial Watch, Inc.
Pitcairn, Rodger; Silvers, Robert P; Stanley, Kathleen M; Vanison, Denise; Whitney, Ronald W; Wooden, Janeen
R; Zaragoza, Conrad J
Subject: [URGENT CLEARANCE REQUEST] DACA SOP
Importance: High

Good morning,
Please review the DACA SOP and appendices. Given the magnitude of the SOP, SCOPS asks that
you please limit your comments to substantive issues. Please note that the NTA memo is under
revision. Also, since it has not been made available, the ICE referral process for non-EPS cases
has not been updated. Lastly, where indicated in the SOP, there are open policy calls that need
to be addressed.
To review the document(s) click(b) (7)(E)
We request that the following program offices and directorates respond to this action (those not
listed are receiving this for informational purposes only): CSPE, ESD, FDNS, FOD, MGT, OCC, and
P&S.
To register your concurrence or non-concurrence and leave comments click (b) (7)(E) Explanations
must accompany non-concurrences. Please provide your responses by 5:00 PM, Friday, August
3, 2012.
The owner of the document(s) should click(b) (7)(E) review the responses.
Thank you.
USCIS Office of the Executive Secretariat
(Office)
(b) (6)
(Fax)
(b) (6)

(b) (6)
Visit the CATS page to view the status of this action.
Click here to request (b) (7)(E) , and here to
collaboration and input is appreciated.

(b) (7)(E)

. Your continuing

App. 0234

Obtained via FOIA by Judicial Watch, Inc.
From:
To:
Cc:
Subject:
Date:
Attachments:

Benavides, Jaime L
HQ Field Operations
Campagnolo Donna P; Dominguez Kathy P; Bryce Bunnie; Schaffer Timothy L; Benavides Jaime L; Harrison Julia L; Christian Gregory
W; Elliott, Elizabeth D
RE: FOD must respond - FW: URGENT RESPONSE NEEDED - DUE BY 4:00PM FRIDAY AUGUST 3, 2012: MMP08012012-01 Deferred Action
for Childhood Arrivals
Thursday, August 02, 2012 5:23:36 PM
DACA Memo AFM draft 8-02-2012 CLEAN with Open Issue Comments (Field Ops 8-2-12).docx
image001 jpg

Please find comments regarding the requested review in the attached.

Jaime
From: Elliott, Elizabeth D On Behalf Of HQ Field Operations
Sent: Thursday, August 02, 2012 9:33 AM
To: Harrison, Julia L; Benavides, Jaime L; Christian, Gregory W
Cc: Campagnolo, Donna P; Dominguez, Kathy; HQ Field Operations
Subject: FOD must respond - FW: URGENT RESPONSE NEEDED - DUE BY 4:00PM FRIDAY AUGUST 3, 2012:
MMP08012012-01 Deferred Action for Childhood Arrivals
Importance: High

Good morning,
FDO must respond.
This Policy Memorandum (PM) amends the Adjudicator’s Field Manual (AFM)
to provide guidance on when to exercise prosecutorial discretion with respect
to individuals who came to the United States as children.

Please review the attached document and send comments to HQ Field Operations
mailbox.
Responses due NLT 12 p.m., Friday, August 3, 2012.
Respectfully,

Beth Elliott

Operations Support Specialist
On Detail to:
USCIS, Field Operations Directorate
(b) (6)
Ph –
(b) (6)
Fax –
From: Penn, Melissa M On Behalf Of USCIS Exec Sec
Sent: Wednesday, August 01, 2012 6:20 PM
To: Atkinson, Ronald A; Bianco, Anthony D; Kellner, Aris R; HQ Field Operations; Hoobler, Kathleen B; Fleet, Andrea
B; OCC-Clearance; SCOPS-Clearance; Arroyo, Susan K; Hawkins, Donald K; Baker, Tamara L; #USCIS - ESD Tasking
List
Cc: USCIS Exec Sec; Carter, Constance L; Bacon, William H; Drake, Johnetta; Robinson, Anthony J; Jones, Rendell L;
Correa, Soraya; Caraballo, Felix R; Neufeld, Donald; Velarde, Barbara Q; Rhew, Perry J; Grissom, John F; Rix, Donna
L; Patching, Laura; Eccleston, Hermene; Parisi, Thomas M; Simpson, Baxter; Alfonso-Royals, Angelica M; Wheeler,
Shannon L; Torres, Juan J; A'Vant, May'Ardah L; Echevarria, Alexandra; USCIS OLA Clearance; Moore, Joseph;
Quimby, Chris M; Croons, Patricia A; Policy-Clearance; Graziadio, Josie; Higman, Kevin M; Chang, Pearl B; Levine,
Laurence D; Vanison, Denise; Dawkins, Laura; Pitcairn, Rodger; Ratliff, Gerri; Patterson, Katherine R; Salber, Matthew
C; OPE Tasking; Melero, Mariela; Lacot, Rosalina; Gradowski, Leonard S; RAIO Clearance
Subject: URGENT RESPONSE NEEDED - DUE BY 4:00PM FRIDAY AUGUST 3, 2012: MMP08012012-01 Deferred
Action for Childhood Arrivals
Importance: High

App. 0235

Obtained via FOIA by Judicial Watch, Inc.
Description: cid:image002.jpg@01CD1331.059A3590

Good afternoon,
Please review the document(s) associated with MMP08012012-01 Deferred Action for Childhood
Arrivals and respond by 4:00PM FRIDAY, AUGUST 3, 2012.
To review the document(s) click the following link:

(b) (7)(E)

.

To register your concurrence or non-concurrence and leave comments click (b) (7)(E) Explanations must
accompany non-concurrences.
The following program offices and directorates must respond to this action (those not listed are
receiving this for informational purposes only): FDNS, FOD, MGT, OCC, SCOPS, PRIV, and ESD.
The owner of the document(s) should click the following link:
,
(b) (7)(E)
to edit the document(s) and save any revisions. It is recommended that you revise your document(s)
after the review period is complete.
To view responses click(b) (7)(E)

(b) (7)(E)
Click here to request (b) (7)(E) , and here to
and input is appreciated.

.

(b) (7)(E)

. Your continuing collaboration

Melissa M. Penn
USCIS Office of the Executive Secretariat
(Office)
(b) (6)
(Fax)
(b) (6)

App. 0236

Obtained via FOIA by Judicial Watch, Inc.
From:
To:
Cc:
Subject:
Date:
Attachments:

Importance:

Helm, James R
HQ Field Operations
Benton, Shelia G; Lopez, Vicente F; Benavides, Jaime L
RE: FOD must respond 11 am Aug 3rd- FW: [URGENT CLEARANCE REQUEST] DACA SOP
Friday, August 03, 2012 10:06:53 AM
Draft DACA SOP (For Clearance 8-1-12) FOD Comments.doc
Field Operations Document Comment Form DACA SOP.docx
image001.jpg
High

Attached please find my comments/edits to the DACA SOP.

___________________________
James Helm | Adjudication Officer | Dept. of Homeland Security| USCIS | Field Operations Directorate| Adjustment of
Status Branch |Washington, DC 20529

|

:

(b) (6)

|

:

(b

:

(b) (6)

From: Lopez, Vicente F
Sent: Thursday, August 02, 2012 10:03 AM
To: Helm, James R
Cc: Benton, Shelia G
Subject: FW: FOD must respond 11 am Aug 3rd- FW: [URGENT CLEARANCE REQUEST] DACA SOP
Importance: High

Here are the documents with the Comment Form. Same as before, please respond directly to the HQ FOD
Mailbox.
Thanks,
Vicente

(b) (6)
From: Benavides, Jaime L
Sent: Thursday, August 02, 2012 9:46 AM
To: Krebs, Kristie L; Lopez, Vicente F
Subject: FW: FOD must respond - FW: [URGENT CLEARANCE REQUEST] DACA SOP
Importance: High

Same as before, please provide your comments to HQ Field Ops mailbox as requested below. (We’ll be
doing the same at FDNS Ops Branch) Thanks.

Jaime
From: Elliott, Elizabeth D On Behalf Of HQ Field Operations
Sent: Thursday, August 02, 2012 9:42 AM
To: Harrison, Julia L; Benavides, Jaime L; Christian, Gregory W
Cc: Campagnolo, Donna P; Dominguez, Kathy; HQ Field Operations
Subject: FOD must respond - FW: [URGENT CLEARANCE REQUEST] DACA SOP
Importance: High

App. 0237

Obtained via FOIA by Judicial Watch, Inc.
Good morning,
FOD must respond.
Please review the DACA SOP and appendices.
Given the magnitude of the SOP, SCOPS asks that you please limit your comments
to substantive issues. Please note that the NTA memo is under revision. Also, since it has
not been made available, the ICE referral process for non-EPS cases has not been updated.
Lastly, where indicated in the SOP, there are open policy calls that need to be addressed.

Responses are due NLT 11 a.m., Friday, August 3, 2012.

Respectfully,

Beth Elliott
Operations Support Specialist
On Detail to:
USCIS, Field Operations Directorate
(b) (6)
Ph –
(b) (6)
Fax –
From: Contaldi, Kerry T On Behalf Of USCIS Exec Sec
Sent: Thursday, August 02, 2012 7:52 AM
To: Rhew, Perry J; Grissom, John F; Rix, Donna L; OCC-Clearance; Patching, Laura; Eccleston, Hermene;
Alfonso-Royals, Angelica M; Wheeler, Shannon L; Parisi, Thomas M; Torres, Juan J; Simpson, Baxter; A'Vant,
May'Ardah L; Echevarria, Alexandra; USCIS OLA Clearance; Moore, Joseph; Quimby, Chris M; Croons, Patricia A;
Policy-Clearance; Graziadio, Josie; Hawkins, Donald K; Baker, Tamara L; Ratliff, Gerri; Patterson, Katherine R;
Salber, Matthew C; OPE Tasking; Melero, Mariela; Lacot, Rosalina; Gradowski, Leonard S; #USCIS - ESD Tasking
List; HQ Field Operations; Atkinson, Ronald A; Bianco, Anthony D; Kellner, Aris R; Merkovich, Melissa A; Fleet,
Andrea B; Hoobler, Kathleen B; RAIO Clearance; SCOPS-Clearance; Arroyo, Susan K; Cox, Sophia; Higman, Kevin
M
Cc: Scialabba, Lori; Carson, Rebecca S; White, William J; Baronof, Kimberly; Hunter, Adam; Davidson, Andrew J;
Gill, Lori Rothamel; Lai, Victoria W; Flores, Andrea R; Carter, Constance L; Bacon, William H; Robinson, Anthony
J; USCIS Exec Sec; Chang, Pearl B; Caraballo, Felix R; Correa, Soraya; Jones, Rendell L; Neufeld, Donald;
Velarde, Barbara Q; Nakajima, Simon T; Bucher, Steve P; Campagnolo, Donna P; Carpenter, Dea D; Cox, Rachel;
Dawkins, Laura; Harrison, Julia L; Herrera, Al T; Hinds, Ian; Hope, Leslie K; Hussey, Jedidah M; Karas, Karen W;
Kendall, Sarah M; Kleczek, Marguerite P; Lauver, Tinnina M; Lay, Dorothea B; Legomsky, Stephen H; Levine,
Laurence D; Lotspeich, Katherine; McCament, James W; Monica, Donald J; Nystrom, Marcia R; Phillips, Mark;
Pitcairn, Rodger; Silvers, Robert P; Stanley, Kathleen M; Vanison, Denise; Whitney, Ronald W; Wooden, Janeen
R; Zaragoza, Conrad J
Subject: [URGENT CLEARANCE REQUEST] DACA SOP
Importance: High

Good morning,
Please review the DACA SOP and appendices. Given the magnitude of the SOP, SCOPS asks that

App. 0238

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you please limit your comments to substantive issues. Please note that the NTA memo is under
revision. Also, since it has not been made available, the ICE referral process for non-EPS cases
has not been updated. Lastly, where indicated in the SOP, there are open policy calls that need
to be addressed.
To review the document(s) click (b) (7)(E)
We request that the following program offices and directorates respond to this action (those not
listed are receiving this for informational purposes only): CSPE, ESD, FDNS, FOD, MGT, OCC, and
P&S.
To register your concurrence or non-concurrence and leave comments click (b) (7)(E) Explanations
must accompany non-concurrences. Please provide your responses by 5:00 PM, Friday, August
3, 2012.
The owner of the document(s) should click (b) (7)(E) to review the responses.
Thank you.
USCIS Office of the Executive Secretariat
(b) (6) 0 (Office)
(Fax)
(b) (6)

(b) (6)

(b) (7)(E)
Click here to request (b) (7)(E) , and here to
collaboration and input is appreciated.

(b) (7)(E)

. Your continuing

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From:
To:
Subject:
Date:
Attachments:

Quinn, Kevin T
Harrison, Julia L; Cox, Sophia; Wilcox, Julia D; Atkinson, Ronald A; Benavides, Jaime L; Benton, Shelia G;
Lombardi, Cherie A; Helm, James R; Lopez, Vicente F
RE: guidance for deferred action eligibility requirements
Monday, June 18, 2012 4:44:48 PM
DA Requirements Matrix.docx

(b) (5)

Kevin T. Quinn

(b) (6)
(b) (6)
(b) (6)
(b) (6)
(b) (6)
-----Original Appointment----From: Harrison, Julia L
Sent: Monday, June 18, 2012 4:40 PM
To: Cox, Sophia; Wilcox, Julia D; Atkinson, Ronald A; Quinn, Kevin T; Benavides, Jaime L; Benton,
Shelia G; Lombardi, Cherie A; Helm, James R; Lopez, Vicente F
Subject: guidance for deferred action eligibility requirements
When: Thursday, June 21, 2012 3:00 PM-4:30 PM (GMT-05:00) Eastern Time (US & Canada).
Where: FOD Conference Room- 111 Mass, 2nd floor

(b) (5)

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Deferred Action Process for Young People Who
Are Low Enforcement Priorities
U.S. Citizenship and Immigration Services (USCIS) alerts eligible individuals NOT to submit a
deferred action request under the Deferred Action Process for Young People memorandum issued
by Secretary Napolitano on June 15. If you submit now, your application will be rejected. The
Secretary’s directive gives USCIS 60 days to create a process to accept these requests and we are
unable to accept requests at this time. Please continue to check our website for updates.
Over the past three years, this Administration has undertaken an unprecedented effort to transform the
immigration enforcement system into one that focuses on public safety, border security and the integrity
of the immigration system. As DHS continues to focus its limited enforcement resources on the removal
of individuals who pose a danger to national security or a risk to public safety, including aliens
convicted of crimes, with particular emphasis on violent criminals, felons, and repeat offenders, DHS
will move to exercise prosecutorial discretion to ensure that enforcement resources are not expended on
low priority cases, such as individuals who were brought to this country through no fault of their own as
children, have not been convicted of a felony offense, a significant misdemeanor offense, or multiple
misdemeanor offenses, and meet other key criteria.
Effective immediately, certain young people who were brought to the United States through no fault of
their own as young children and meet several key criteria will be considered for relief from removal
from the country or entered into removal proceedings. Those who demonstrate that they meet the
criteria will be eligible to receive deferred action for a period of two years, subject to renewal.
Only those individuals who can prove through verifiable documentation that they meet these criteria
will be eligible for deferred action. Individuals will not be eligible if they are not currently in the United
States and cannot prove that they have been physically present in the United States for a continuous
period of not less than 5 years immediately preceding today’s date. The use of prosecutorial discretion
confers no substantive right or pathway to citizenship. Only the Congress, acting through its legislative
authority, can confer these rights.
While this guidance takes effect immediately, USCIS and ICE expect to begin implementation of the
application processes within sixty days. Do not apply - this application process is not yet
available. If you apply early, your application will be rejected. Beginning June18, 2012, individuals
can call USCIS’ hotline at 1-800-375-5283 or ICE’s hotline at 1-888-351-4024 during business hours
with questions or to request more information on the forthcoming process.

Frequently Asked Questions
Who is eligible to receive deferred action under the Department’s new directive?

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Pursuant to the Secretary’s June 15, 2012 memorandum, in order to be eligible for deferred action,
individuals must:
1. Have come to the United States under the age of sixteen;
2. Have continuously resided in the United States for at least five years preceding June 15, 2012 and
are present in the United States on June 15, 2012;
3. Currently be in school, have graduated from high school, have obtained a general education
development certificate, or are honorably discharged veterans of the Coast Guard or Armed
Forces of the United States;
4. Have not been convicted of a felony offense, a significant misdemeanor offense, multiple
misdemeanor offenses, or otherwise pose a threat to national security or public safety;
5. Not be above the age of thirty.
Individuals must also complete a background check and, for those individuals who make a request to
USCIS and are not subject to a final order of removal, must be 15 years old or older.
What is deferred action?
Deferred action is a discretionary determination to defer removal action of an individual as an act of
prosecutorial discretion. Deferred action does not confer lawful status upon an individual. In addition,
although an alien granted deferred action will not be considered to be accruing unlawful presence in the
United States during the period deferred action is in effect, deferred action does not absolve individuals
of any previous or subsequent periods of unlawful presence.
Under existing regulations, an individual who has been granted deferred action is eligible to receive
employment authorization for the period of deferred action, provided he or she can demonstrate “an
economic necessity for employment.” Deferred action can be terminated at any time at the agency’s
discretion or renewed by the agency.
How will the new directive be implemented?
Individuals who are not in removal proceedings or who are subject to a final order of removal will need
to submit a request for a review of their case and supporting evidence to U.S. Citizenship and
Immigration Services (USCIS). Individuals may request deferred action if they meet the eligibility
criteria. In the coming weeks, USCIS will outline and announce the procedures by which individuals
can engage in this process. This process is not yet in effect and requests should not be submitted at this
time. Beginning June 18, individuals may call the USCIS hotline at 1-800-375-5283, from 8 a.m. to 8
p.m., with questions or to request more information on the new process. The hotline offers assistance in
English and Spanish. Individuals seeking more information on the new process should visit USCIS’s
website (at http://www.uscis.gov).
For individuals who are in removal proceedings before the Executive Office for Immigration Review,
ICE will, in the coming weeks, announce the process by which qualified individuals may request a
review of their case. Additional information is available from the ICE Office of the Public Advocate at
http://www.ice.gov/about/offices/enforcement-removal-operations/publicadvocate/ Beginning June 18,
individuals may call the ICE hotline at 1-888-351-4024, from 9 a.m. to 5 p.m., with questions or to
request more information on the new process.
For individuals who are in removal proceedings and have already been identified as meeting the
eligibility criteria as part of ICE’s case-by-case review, ICE will immediately begin to offer deferred
action for a period of two years, subject to renewal.

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Are individuals who receive deferred action pursuant to the new directive eligible for
employment authorization?
Yes. Pursuant to existing regulations, individuals who receive deferred action may apply for and may
obtain employment authorization from USCIS provided they can demonstrate an economic necessity
for their employment. Information about employment authorization requests is available on USCIS’s
website at http://www.uscis.gov/i-765.
Does the process result in permanent lawful status for beneficiaries?
No. The grant of deferred action under this new directive does not provide an individual with
permanent lawful status or a pathway to obtaining permanent lawful status. Only the Congress, acting
through its legislative authority, can confer the right to permanent lawful status.
Why will deferred actions only be granted for two years?
Grants of deferred action will be issued in increments of two years. At the expiration of the two year
period, the grant of deferred action can be renewed, pending a review of the individual case.
If an individual’s period of deferred action is extended, will individuals need to re-apply for an
extension of their employment authorization?
Yes. If an individual applies for and receives an extension of the period for which he or she was granted
deferred action, he or she must also request an extension of his or her employment authorization.
Does this policy apply to those who are subject to a final order of removal?
Yes. An individual subject to a final order of removal who can demonstrate that he or she meets the
eligibility criteria can request a review of his or her case and receive deferred action for a period of two
years, subject to renewal. All cases will be considered on an individualized basis.
This process is not yet in effect and requests should not be submitted at this time. In the coming weeks,
USCIS will outline and announce the procedures by which individuals can engage in this process.
Beginning June 18, individuals may call the USCIS hotline at 1-800-375-5283, from 8 a.m. to 8 p.m.,
with questions or to request more information on the new process. The hotline offers assistance in
English and Spanish. Individuals seeking more information on the new process should visit USCIS’s
website (at http://www.uscis.gov).
How soon after USCIS receives a request to review a case will the individual receive a decision on
his or her request?
USCIS will provide additional information on this issue in the coming weeks. Information will be made
publicly available at http://www.uscis.gov/.
If an individual who is about to be removed by ICE believes he or she satisfies the eligibility
criteria for the new process, what steps should he or she take to ensure his or her case is reviewed
before removal?
Individuals who believe they can demonstrate that they satisfy the eligibility criteria and are about to be
removed should immediately contact either the Law Enforcement Support Center’s hotline at 1-855448-6903 (staffed 24 hours a day, 7 days a week) or the ICE Office of the Public Advocate through the
Office’s hotline at 1-888-351-4024 (staffed 9am – 5pm, Monday – Friday) or by e-mail at
[e-mail].
If an individual who satisfies the eligibility criteria is encountered by Customs and Border
Protection (CBP) or ICE, will he or she be placed into removal proceedings?

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This policy is intended to allow ICE and CBP to focus on priority cases. Pursuant to the direction of the
Secretary of Homeland Security, for individuals who satisfy the eligibility criteria, CBP or ICE should
exercise their discretion to prevent them from being apprehended, placed into removal proceedings, or
removed. If individuals, including individuals in detention, believe they were placed into removal
proceedings in violation of this policy, they should contact either the Law Enforcement Support
Center’s hotline at 1-855-448-6903 (staffed 24 hours a day, 7 days a week) or the ICE Office of the
Public Advocate through the Office’s hotline at 1-888-351-4024 (staffed 9am – 5pm, Monday – Friday)
or by e-mail at [e-mail].
If an individual accepted an offer of administrative closure under the case-by-case review process
or if his or her case was terminated as part of the case-by-case review process, can he or she
receive deferred action under the new process?
Yes. Individuals who can demonstrate that they meet the eligibility criteria will be eligible for deferred
action even if they had accepted an offer of administrative closure or termination under the case-bycase review process. For individuals who are in removal proceedings and have already been identified
as meeting the eligibility criteria as part of ICE’s case-by-case review, ICE will immediately begin to
offer deferred action for a period of two years, subject to renewal.
If an individual declined an offer of administrative closure under the case-by-case review process,
can he or she receive deferred action under the new process?
Yes. Individuals who can demonstrate that they meet the eligibility criteria will be eligible for deferred
action even if they declined an offer of administrative closure under the case-by-case review process.
If an individual’s case was reviewed as part of the case-by-case review process but he or she was
not offered administrative closure, can he or she receive deferred action under the new process?
Yes. Individuals who can demonstrate that they meet the eligibility criteria will be eligible for deferred
action even if they were not offered administrative closure following review of their case as part of the
case-by-case review process.
Will DHS personnel responsible for reviewing requests for an exercise of prosecutorial discretion
under this process receive special training?
Yes. ICE and USCIS personnel responsible for considering requests for an exercise of prosecutorial
discretion under the Secretary’s directive will receive special training.
Will individuals be subject to background checks before they can receive an exercise of
prosecutorial discretion?
Yes. All individuals will undergo biographic and biometric background checks prior to receiving an
exercise of prosecutorial discretion. Individuals who have been convicted of any felony, a significant
misdemeanor offense, three or more misdemeanor offenses not occurring on the same date and not
arising out of the same act, omission, or scheme of misconduct, or otherwise pose a threat to national
security or public safety are not eligible to be considered for deferred action under the new process.
What do background checks involve?
Background checks involve checking biographic and biometric information provided by the individuals
against a variety of databases maintained by DHS and other federal government agencies.
What documentation will be sufficient to demonstrate that an individual came to the United
States before the age of 16?
Documentation sufficient for an individual to demonstrate that he or she came to the United States

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before the age of 16 includes, but is not limited to: financial records, medical records, school records,
employment records, and military records.
What documentation will be sufficient to demonstrate that an individual has resided in the United
States for a least five years preceding June 15, 2012?
Documentation sufficient for an individual to demonstrate that he or she has resided in the United States
for at five years immediately preceding June 15, 2012 includes, but is not limited to: financial records,
medical records, school records, employment records, and military records.
What documentation will be sufficient to demonstrate that an individual was physically present in
the United States as of June 15, 2012?
Documentation sufficient for an individual to demonstrate that he or she was physically present on June
15, 2012, the date the memorandum was issued, includes, but is not limited to: financial records,
medical records, school records, employment records, and military records.
What documentation will be sufficient to demonstrate that an individual is currently in school,
has graduated from high school, or has obtained a general education development certificate
(GED)?
Documentation sufficient for an individual to demonstrate that he or she is currently in school, has
graduated from high school, or has obtained a GED certificate includes, but is not limited to: diplomas,
GED certificates, report cards, and school transcripts.
What documentation will be sufficient to demonstrate that an individual is an honorably
discharged veteran of the Coast Guard or Armed Forces of the United States?
Documentation sufficient for an individual to demonstrate that he or she is an honorably discharged
veteran of the Coast Guard or Armed Forces of the United States includes, but is not limited to: report
of separation forms, military personnel records, and military health records.
What steps will USCIS and ICE take to prevent fraud in the new processes?
An individual who knowingly makes a misrepresentation to USCIS or ICE, or knowingly fails to
disclose facts to USCIS or ICE, in an effort to receive deferred action or work authorization in this new
process will be treated as an immigration enforcement priority to the fullest extent permitted by law,
subjecting the individual to criminal prosecution and/or removal from the United States.
Are individuals with a conviction for a felony offense, a significant misdemeanor offense, or
multiple misdemeanors eligible for an exercise of prosecutorial discretion under this new process?
No. Individuals who have been convicted of a felony offense, a significant misdemeanor offense, or
three or more other misdemeanor offenses not occurring on the same date and not arising out of the
same act, omission, or scheme of misconduct are not eligible to be considered for deferred action under
the new process.
What offenses qualify as a felony?
A felony is a federal, state, or local criminal offense punishable by imprisonment for a term exceeding
one year.
What offenses qualify as a “significant misdemeanor”?
A significant misdemeanor is a federal, state, or local criminal offense punishable by no more than one
year of imprisonment or even no imprisonment that involves: violence, threats, or assault, including
domestic violence; sexual abuse or exploitation; burglary, larceny, or fraud; driving under the influence

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of alcohol or drugs; obstruction of justice or bribery; unlawful flight from arrest, prosecution, or the
scene of an accident; unlawful possession or use of a firearm; drug distribution or trafficking; or
unlawful possession of drugs.
How many non-significant misdemeanors constitute “multiple misdemeanors” making an
individual ineligible for an exercise of prosecutorial discretion under this new process?
An individual who is not convicted of a significant misdemeanor but is convicted of three or more other
misdemeanors not occurring on the same day and not arising out of the same act, omission, or scheme
of misconduct is not eligible to be considered for deferred action under this new process.
What qualifies as a national security or public safety threat?
If the background check or other information uncovered during the review of an individual’s request for
deferred action indicates that the individual’s presence in the United States threatens public safety or
national security, he or she will be ineligible for an exercise of prosecutorial discretion. Indicia that an
individual poses such a threat include, but are not limited to, gang membership, participation in criminal
activities, or participation in activities that threaten the United States.
How will ICE and USCIS handle cases involving individuals who do not satisfy the eligibility
criteria under this new process but may be eligible for an exercise of prosecutorial discretion
under the June 2011 Prosecutorial Discretion Memoranda?
If an individual has a final order of removal and USCIS determines that he or she does not satisfy the
eligibility criteria, then it will reject the individual’s request for deferred action. That individual may
then request an exercise of prosecutorial discretion under the ICE June 2011 Prosecutorial Discretion
Memoranda through any of the established channels at ICE, including through a request to the ICE
Office of the Public Advocate or to the local Field Office Director. USCIS will not consider requests for
review under the ICE June 2011 Prosecutorial Discretion Memoranda.
If an individual is currently in removal proceedings and ICE determines that he or she does not satisfy
the eligibility criteria for deferred action under this process, it will then consider whether the individual
is otherwise eligible for an exercise of prosecutorial discretion under its current practices for assessing
eligibility under the June 2011 Prosecutorial Discretion Memoranda.
Will there be supervisory review of decisions by ICE and USCIS under this process?
Yes. Both ICE and USCIS will develop protocols for supervisory review as part of their implementation
of the new process.
Can individuals appeal a denial by ICE or USCIS of their request for an exercise of prosecutorial
discretion under the new process?
No. Individuals may not appeal a denial by ICE or USCIS of their request for an exercise of
prosecutorial discretion. However, ICE and USCIS will develop protocols for supervisory review as
part of their implementation of the new process. Although there is no right for appeal, individuals in
removal proceedings who believe their cases were not correctly handled may contact the ICE Office of
the Public Advocate either by phone at 1-888-351-4024 or by e-mail at
[e-mail].
Will dependents and other immediate relatives of individuals who receive deferred action
pursuant to this process also be eligible to receive deferred action?
No. The new process is available only to those who satisfy the eligibility criteria. As a result, the
immediate relatives, including dependents, of individuals who receive deferred action pursuant to this

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process are not eligible to apply for deferred action as part of this process unless they independently
satisfy the eligibility criteria.
If an individual’s request to USCIS for deferred action is denied, will he or she be placed in
removal proceedings?
For individuals whose requests for deferred action are denied by USCIS, USCIS will apply its existing
Notice to Appear guidance governing USCIS’s referral of cases to ICE and issuance of notices to
appear. Under this guidance, individuals whose requests are denied under this process will be referred
to ICE if they have a criminal conviction or there is a finding of fraud in their request.
Should individuals who are not in removal proceedings but believe themselves to be eligible for an
exercise of deferred action under this process seek to place themselves into removal proceedings
through encounters with ICE or CBP?
No. Individuals who are not in removal proceedings but believe that they satisfy the eligibility criteria
should submit their request for review of their case to USCIS under the procedures that USCIS will
implement.
This process is not yet in effect and requests should not be submitted at this time. Beginning June 18,
individuals may call the USCIS hotline at1-800-375-5283, from 8 a.m. to 8 p.m., with questions or to
request more information on the new process. The hotline offers assistance in English and Spanish.
Individuals seeking more information on the new process should visit USCIS’s website (at
http://www.uscis.gov).
If I receive deferred action through this process, will I be able to travel outside the United States?
USCIS is exploring this issue and will resolve it in the coming weeks as part of its implementation plan.
Will there be any exceptions to the requirement that an individual must have resided in the
United States for a least five years preceding June 15, 2012?
An individual must demonstrate that he or she has resided in the United States for a least five years
preceding June 15, 2012. Brief and innocent absences undertaken for humanitarian purposes will not
violate this requirement.
What should I do if I am eligible under this process and have been issued an ICE detainer
following an arrest by a state or local law enforcement officer?
If you meet the eligibility criteria and have been served a detainer, you should immediately contact
either the Law Enforcement Support Center’s hotline at 1-855-448-6903 (staffed 24 hours a day, 7 days
a week) or the ICE Office of the Public Advocate either through the Office’s hotline at 1-888-351-4024
(staffed 9am – 5pm, Monday – Friday) or by e-mail at [e-mail].
Does deferred action provide individuals with a path to citizenship or permanent legal status?
No. A grant of deferred action is a form of prosecutorial discretion that does not confer a path to
citizenship or lawful permanent resident status. Only the Congress, acting through its legislative
authority, can confer these rights.
Why isn’t DHS allowing other individuals to request deferred action under this process?
As a general matter, young people who, through no fault of their own, were brought to this country as
children, lacked the intent to violate the law and our ongoing review of pending removal cases is
already offering administrative closure to many of them. However, additional measures are necessary to
ensure that our enforcement resources are not expended on these low priority cases but are instead

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appropriately focused on people who meet our enforcement priorities.
Does this Administration remain committed to comprehensive immigration reform?
Yes. The Administration has consistently pressed for passage of comprehensive immigration reform,
including the DREAM Act, because the President believes these steps are critical to building a 21st
century immigration system that meets our nation’s economic and security needs.
Is passage of the DREAM Act still necessary in light of the new process?
Yes. As the President has stated, individuals who would qualify for the DREAM Act deserve
certainty about their status, and this new process does not provide that certainty. Only the Congress,
acting through its legislative authority, can confer the certainty that comes with a pathway to
permanent lawful status.
How can I get more information on the new process?
Individuals seeking more information on the new process should visit ICE’s website (at
www.ice.gov), USCIS’s website (at www.uscis.gov), or DHS’s website (at www.dhs.gov).
Beginning June 18, individuals can also call ICE’s hotline (at 1-888-351-4024) or USCIS’s hotline
(at 1-800-375-5283) during business hours with questions or to request more information on the new
process.
Where can I find more information about where to go for Deferred Action?
I…

Who to submit a request to
review my case:

Where can I get more
information:
USCIS website at
http://www.uscis.gov.

U.S. Citizenship and
Immigration Services (USCIS)
when the application period
Beginning June 18: USCIS hotline
opens
at 1-800-375-5283 (8 am-8 pm;
English & Spanish)
ICE website at:
http://www.ice.gov.
…have a case pending before U.S. Immigration and Customs
the Executive Office for
Enforcement (ICE) when the
Immigration Review or a
process for accepting requests is Beginning June 18: ICE hotline at
federal court.
announced
1-888-351-4024 (9am – 5pm;
English and Spanish)
USCIS website at
http://www.uscis.gov.
U.S. Citizenship and
…have never been
Immigration Services (USCIS)
apprehended or placed into
when the application period
removal proceedings.
Beginning June 18: USCIS hotline
opens
at 1-800-375-5283 (8 am-8 pm;
English & Spanish
...am subject to a final order
of removal.

Last updated: 06/18/2012

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Plug-ins

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Brown, Keith M
From:
Sent:
To:

Subject:
Attachments:

Woo, Ellen Y
Wednesday, October 03, 2012 5:38PM
Aguda, Perla T; Baker, Dawn M; Bolbecker, Malele E; Castaneda, FrankL; Chang, Dominic;
Chen, Chet C; Clayton, Paula Q; De Los Cobos, Alfonso; Farnsworth, Brandy D; Ferrer
Echon, Lilybeth; Foree, Steve C; Hashimoto, Julie M; Holmes, Dianne M; Honeychurch,
CarolE; Lunlsford, Jody C; Kazmierski, Daniel J; 'Keisha' {[e-mail]);
Kennedy, Linda S; Klepner, Linda B; Maliuwelur, Rebecca F; Mitchell, Thomas R; Montanez,
Albert; Myatt, John R; Navaran, Mohana S; Nguyen, Dominic H; Nicholson, Sarah E;
Olivares, Sharon L; Quiroz-Galvan, Hilda M; 'Rebecca Onofryton'
([e-mail]); Roberts, Ericka; Rogers, David E; Saldana, Lupe H; Sterkel,
David A; Tan, Jorge L; Tsui, Toi; Valov, Janelle L; Williams, Michael J; Wirruh, Rick
([e-mail]); Aguilar, Noelia L; Armenteros, Dianne; Baker, Dawn M;
Charbonneau, Terry J; Chien, Lee M; Fleming, Ricky C; Garcia, Anita E; Guadamuz, Carlos
A Jr; Lu, Daphne M; Oki, Robin G; Reyes, Manuel; Sanders, Shawn E; Susoeff, Allan J;
Teruya, Susan T; Weirich, Darvin L; Yanez, Norma; Oscar, Yu-Wen L; Alby, Nancy J;
Barrett, Robin L; Bawden, Kenneth D; Biggs, Michael C; Bilello, Michael; Brown, Keith M;
Cass, William R; Castillo, Ramon; Chau, Anna K; Chiang, James Y; Corsano, Anne Arries;
Coven, Phyllis A; Crawford, Jonathan E; Doody, Bernadette A; Dougherty, Linda M; Ertan,
Anita C; Flores, Martha V; Gallmann, AI Ill; Green, Stephen P; Guerra, Juan J; Gulick, David
G; Harrell, Charles B; Holston, Leander B; Jordan, Marl D; l<eller, Carol L; Killian-Larios,
Maureen E; Kramar, John; Langlais, Shelly E; Leigh, Leanne J; Lester, David; Looney,
Robert V; Lyons, Roland E; Martin, Irene; Materne, Rose G; Miramontes, Joel; Muzyka,
Carolyn L; Pierre, Paul M; Prater, Preston W; Ramirez, John M; Rasmusson, Peter L;
Rhodia, RichardS; Rust, Maureen; Sahli, Evelyn R; Sherman, Kenneth J; Toro, Monica E;
Uribe, Dolores L; Valeika, RichardT; Villasenor, Elizabeth; Walls, Joyce; Williams, Rachel;
Walder, Diana M; Wong, Jackie W; Wyrough, James T
Muzyka, Carolyn L; Rust, Maureen; Kentfield, Lynn; Young, Korie A; Duvall, James; Evans,
Janna M; Alegria, Sany; Cone, Richard K; Dickson, Bruce; Peeples, Shirley F; Tang, Michael
W; White, Carla; Zug, Renee H
FW: Identification for 1-821 D/DACA appointments at an ASC
Redacted 821 D Notice. pdf

Importance:

High

Cc:

Good Evening DD, FODs and ASC lSOs,
Please refer to the below email and attached redacted I-8210 Notice.

This email provides an excerpt fi·om the Section 2.B of the ASC SOP as it relates to the identification
guidance/requirements for DACA Requestors. A copy of the redacted l-821D Notice is attached for your

reference.
All ASC lSOs are expected to follow the guidance provided in the ASC SOP.

Please disregard the previous ernail that R ichard

Cone sent on Tuesday, September 25, 2012; the reference to
"ldentity" in the DACA SOP only applies to the officers adjudicating DACA requests.

Questions and concerns should be directed to Richard
or

(b)(6)

Cone and Bruce Dickson via email or at

(b) (6)

respectively.

Thank you,

Ellen
1

App. 0250

Obtained via FOIA by Judicial Watch, Inc.

aem ~J. Wo.oAssociate Regional Director, Operations
DHS/USCIS, Western Region
24000 Avila Road (Room 6200A)
CA 92677
(b) (6)
desk
(b) (6)
(b) (6)

-

From: Jafer, Halide (Holly)

Sent: Wednesday, October 03, 2012 8:16AM
To: Kern, Suzanne C; Goodwin, Shelley M; #NER-ASCM-UST; Tierney, Terry; Bace, Philip; #SER·ASCM-UST; Gallagher,
Kevin E; Watkins, Jay C; #CRO·ASCM-UST; Woo, Ellen Y; Cone, Richard K; #WRO·ASCM-LIST
Cc: Hope, leslie K; Campagnolo, David; Weidemann, James A; Sartin!, Ronald; Munoz·lair, Anna; James, Ja-Nel C;
Harrison, Julia l
Subject: Identification for 1-8210/DACA appointments at an ASC

Please be reminded of the Identification guidance/requirements as stated In Section 2.8 of
the ASC ISO SOP and on the 1-8210 appointment notice. For vour convenience, a copy of the I821D appointment notice is attached.

Section 2.B: Applicant Identification, Name Guidance, and Forms
Applicaru ldelttiflcatlon: The following table provides a matrix of identification requirements for various
applications and the actions to be taken if the applicant cannot provide acceptable identification.

N -400*
All Others to
include I-821D

•
•

Form I - 551 Pennanent Resident Card or,
Passpot1 with ADIT stamp.

•
•
•
•

USCIS-issued photo ID or,
State-issued driver's license or,
State-issued ID card or,
Any countris official ID (passpott,
driver's license) or,
Military photo identification.

•

Refer to ASC ISO
Refer to ASC ISO

*

See Chapter 7, Benefit Procedure - Special Cases, for N - 400 applicant supplemental processing
requirements.

~[~~~~·~tnay acceptsecon ary.: orms. ;o :J .e n ucalon as.i.pro.o.. ..o.. 1 en tty. I>~&J~rif·~n·.·~cjeyta~l~Io>~Th~
t?S.~~P:*=f~e?.~~4~~~1'?~l§~~~rS,?j~~~·;~~~t¥~~J~·~~~kP:~~~~?}~8-•~i¥9t:• smg rau u en ocumen
A .. >1 ...
Detection teclmiques and years of immigration experience, an ASC ISO can usually discern the validity of the
applicant's identification. ASC ISOs shall conduct Central Index System (CIS) and/or Computer Linked
Application Information Management System, version 4.0 (CLAIMS-4) and CLAIMS Mainfi·ame checks to
2

App. 0251

Obtained via FOIA by Judicial Watch, Inc.
verify the identity of applicants that present questionable identification. ASC ISOs may also question
applicants about their immigration history and biographical background. If the ASC ISO is unavailable and a
questionable identity document arises, the Site Supervisor shall inform the applicant that s/he can either wait
until the ASC ISO returns to be processed, or s/he may return at a later time. The ASC ISO shall not approve
the processing of applicants presenting questionable identity documents without personally inspecting the
original documents.
Ifthe ASC ISO is able to confirm the applicant's identity, s/he should write "Identity Confirmed" and place
her/his initials in the top left hand margin of the applicant's AIW and retum all documents to the
Guard/Receptionist. Once the ASC ISO has confirmed the applicant's identity, there is no requirement to repeat
the process. The ASC ISO's initials on the applicant's AIW will serve as notice to the receptionist, biometrics
technician, and Site Supervisor that the ASC ISO is aware of the applicant's ID and that the ASC ISO has
confirmed the applicant's identity. If the ASC ISO is unable to confirm the applicant's identity, the ASC ISO
should dismiss the applicant and instmct her/him to retum to the ASC with valid ID. Altematively, the ASC
ISO may refer the applicant to the Local Field Office (LFO) for resolution.
See Chapter 7 for applicant identification guidance fot· Asylum, 1-360, 1-914, and 1-918 applicants.

3

App. 0252

Obtained via FOIA by Judicial Watch, Inc.

(b) (6)

To process your request, U. S. Citizenship & Immigration Services (USC IS) must capture your biometries.
PLEASE APPEAR AT THE BELOW APPLICATION SUPPORT CENTER AT THE DATE AND TIME SPECIFIED.
IF YOU FAIL TO APPEAR AS SCHEDULED, YOUR REQUEST WILL BE CONSIDERED ABANDONED.
APPLICATION SUPPORT
PLEASE READ THIS ENTIRE NOTICE CAREFULLY.
USCIS FAIRFAX
5949 W. PICO BLVD.
DATE AND ll • • • . • • • NTMENT
(b) (6)
LOS ANGELES, CA 90035
WHEN YOU GO TO THE APPLICATION SUPPORT CENTER 'fO HAVE YOUR BIOMETRICS TAKEN, YOU MUST BRING:
l. THIS APPOINTMENT NOTICE and
:z. PHOTO IDENTIFICATION. Naturalization applicants must bring their Alien Registration Cord. All other requestors must bring a passport,
driver's license, national tO, military ID, or State-issued photo 10. If you appear without proper Identification, your biometrles may not be taken.
CELL PHONES, CAMERAS, OR OTHER HECORDING DEVICES ARE NOT PERMITTED,

REQUEST FOR RESCHEDULING

O Please reschedule my appointment. Upon receipt ofyour request, you will be provided a new appointment notice. Make a copy of this notice
for your records, then mall the original wllh your request to BPU, Alexandria ASC, QM 8850 Richmond Hwy, Alexandri11, VA
22309-1586

182JD

111~1

(b) (6)

11~1

lryou have any quesllons regarding this notice, please call1·800·375-5263.
WARNING!
Due to Umi11d sealing avoi/abi/1/y In our lobby area, only pusons who are necessary to assl!l wllh lr01upor1alion or completing the btomelrlcs
worksheet should accompany you.
•
Jfyou have open wounds or bandageslcostswlumyou appear,lhe USC IS may resclredule yo11r appointment f/ff is determined your Injuries w{/1
interfore with takfng your biometrics.

App. 0253

Obtained via FOIA by Judicial Watch, Inc.
Flanagan, Joan M
From:
Sent:
To:
Cc:
Subject:

Saucier, Shawn A
Wednesday, October03, 2012 4:18PM
#NER-ASCM-LIST
#NER SISOs and Section Managers; #NER-00-FOO-COS; Goodwin, Shelley M; Kern,
Suzanne C; Maxim, Melissa W; Bibona, lisa M; O'Neill, Anne M
Updated Reminder - Processed OACA Requestors as Code-3

ASC ISOs,
Please be aware that due to the validity of previous FBI fingerprint results, appointment notices asking DACA
requestors to appear at an ASC may indicate that the requestor be processed for biometrics as a Code 2. This should be ignored.
All DACA requestors, unless they are under the age of 14, should be processed for biometrics as a Code3. The DACA Standard Operating Procedure, currently in use by the USC IS Service Center Operations
Directorate, requires that prior FBI fingerprint results not be used for determining if a requestor meets the
DACA guidelines.
Please let me know if you have any questions or concerns. Thank you.

Shawn Saucier
Immigration Services Officer
U.S. Citizenship and Immigration Services
Northeast Regional Office - Adjudications
Tele:
(b) (6 )
Fax:
b 6

From: Saucier, Shawn A

Sent: Wednesday, October 03, 2012 1:41 PM
Subject: Reminder- Processed OACA Requestors as Code-3
ASC ISO,

1

App. 0254

Obtained via FOIA by Judicial Watch, Inc.

Please let me know if you have any questions or concerns. Thank you.

Shawn Saucier
Immigration Services Officer
U.S. Citizenship and Immigration Services
Northeast
Office - Adjudications
Tete:

Fax:

2

App. 0255

Obtained via FOIA by Judicial Watch, Inc.

Chapter3

Benefit Procedure - Code - 1 (Fingerprinting)

App. 0256

Obtained via FOIA by Judicial Watch, Inc.
ASC Standard Operating Procedures
Chapter 3: Benefit Procedure- Code- 1 (Fingerprinting)
Introduction: This chapter is designed to provide standardized step-by-step operating
procedures at each ASC to ensure consistency in processing fingerprints. In general, all
applicants should be processed using the biometrics workstation and procedures described in
Section B, when feasible. Reasons for exceptions to this policy are listed in Section A. Section
A covers how to process manual (ink) fingerprinting- "Dead Scan", and Section B covers how
to process electronic fingerprinting via a biometrics workstation - "Live Scan". All ASCs will
implement the procedures established in this chapter.

At ASCs staffed only with a Site Supervisor, the Site Supervisor shall perform the steps and
actions usually performed by the guard/receptionist and biometrics technician, and the ASC ISO
shall perform the quality assurance (QA) steps and actions. Site Supervisors and/or the ASC
ISOs shall perform the QA steps and actions when required. The key points to remember in
processing applicants are not to leave the applicant alone at an active workstation and not to
conduct a QA review of fingerprints you have taken unless you have been designated a "self
QA" by your Site Supervisor.
Note 1: As a customer service, if the BT has taken the best quality print but realizes that the
fingerprints will likely be rejected by the FBI, the BT should take a second set of prints manually
(ink). These manual prints can then be submitted by the ASC ISO if the first set is indeed
rejected. Remember to follow the procedures in Chapter 8.C - Re-fingerprinting Applicants.
This manual process for suspected rejects is a customer service the ASC Program provides,
minimizing the number of appearances an applicant would have to make to an ASC.
Note 2: Religious belief accommodations are to be offered when requested by the applicant
during photograph and fingerprint capture (see Chapter 4 for Photograph accommodations).
When requested due to religious beliefs, ASCs will accommodate individuals who request a
same-gender fingerprint technician, if possible. If there are no same-gender technicians available
to capture fingerprints, the applicant will be offered the chance to reschedule the appointment for
a different day or at a different office where it might be feasible to accommodate the individual's
request. Requests and accommodations should be handled through the ASC ISO.

2012 Edition
September 20 12
3-2

App. 0257

Obtained via FOIA by Judicial Watch, Inc.

ASC Standard Operating Procedures

Chapter 3: Benefit Procedure- Code - 1 (Fingerprinting)
Table of Sections
Section 3.A: Manual (Ink) Fingerprinting- "Dead Scan"
• Background
o Reasons for Manual (Ink) Fingerprinting Applicants
• Operational Procedures
o Amputations & Deformities
o Coercive Population Control (CPC) Applicants
• Phases: Manual Fingerprinting
Section 3.B: Electronic Fingerprinting- "Live Scan"
• Background
• Operational Procedures
o Amputations & Deformities
• Phases: Electronic Fingerprinting

3-3

2012 Edition
September 2012

App. 0258

Obtained via FOIA by Judicial Watch, Inc.
ASC Standard Operating Procedures
Chapter 3: Benefit Procedure- Code -1 (Fingerprinting)
Section 3.A: Manual (Ink) Fingerprinting- "Dead Scan"
Background:

A manual (ink) fingerprinting workstation consists of a computer, monitor,
scanner, keyboard, mouse, printer, manual inkpad, and a mallet roller. Fingerprint Masthead
Notification System (FMNS) software is used to print the applicant's personal information and
physical characteristics on the Form FD - 258 card. The procedures established in this chapter
are based on the most current version of FMNS. With FMNS software, users can enter, save,
print, and retrieve the standard Form FD - 258 masthead biographical information. The
masthead biographical information is printed in text format on the front of the Form FD - 258
card and in 2 - D barcode format on the back of the card. Using the most current version of
FMNS software, the ASC staff can perform the basic functions of:
•
•
•
•

Entering Form FD- 258 masthead biographical information.
Printing Form FD- 258 cards with a 2- D barcode on the back.
Generating/printing reschedule letters/notices, manifests, and reports.
Querying previously entered applicant information by name, social security number,
A-number, and/or date of entry.

Specific FMNS operating instructions may be found in the most current Fingerprint Masthead
Notification System User's Guide.
NOTE: If the appointment notice has a form type that is NOT on the "Form-Type" pull-down
menu screen, use "X999" as the form type.

Reasons for Manual (Ink) Fingerprinting of Applicants: Manual (ink) fingerprinting of
applicants shall only be used for special circumstances. Special circumstances where manual
(ink) Form FD- 258 cards shall be generated include:
•

•
•
•

Applicants with disabilities that prevent them from being fingerprinted at a biometrics
workstation may be fingerprinted with ink on Form FD - 258 cards. ASC ISO and Site
Supervisor shall exercise discretion in providing service to disabled applicants with the
comfort of the applicant given highest priority.
Fingerprinting applicants on mobile fingerprint routes. The procedures in Chapter 7,
"Benefit Procedure - Special Cases" shall be used.
High volume. Instances where high volumes of applicants are waiting to be fingerprinted
and all available biometrics workstations are busy or out of service.
Expected Reject. For those applicants that the biometric technician is fairly certain the
initial electronic set of fingerprints will be rejected by the FBI. As a customer service, a
second manual set of fingerprints will be captured so that the applicant does not have to
return to the ASC. These prints will only be submitted if the FBI rejects the first electronic
set. Note: The TCR number from the FBI reject report must be submitted per the
procedures detailed in Chapter 8.C- Re-fingerprinting Applicants.

2012 Edition
September 20 I2
3.A- I

App. 0259

Obtained via FOIA by Judicial Watch, Inc.
ASC Standard Operating Procedures
Chapter 3: Benefit Procedure - Code - 1 (Fingerprinting)
In all cases, if a manual (ink) Fonn FD - 258 card is generated, the standardized step-by-step
procedures of this chapter will be used.

Operational Procedures: The following operational procedures shall be used in processing
applicants on manual (ink) workstations.
•

Amputations & Deformities: If the applicant has an amputation, one or more fingers,
thumbs, or hand removed, the condition shall be noted in black ink in the appropriate Fonn
FD-258 block. Total amputation should be designated "XX". In the case of partial
amputation of first joint of a finger or thumb, the impression of the remaining end joint is
placed in the appropriate block.
If the applicant has a defonnity that prevent the taking of a fingerprint, such as severe
arthritis, AND the ASC-ISO confinns that specific finger(s) cannot be printed without
causing hann or pain to the applicant, the condition shall be noted in black ink in the
appropriate Fonn FD-258 block as "UP"- Unable to Print. Unable-to-Print fingers should
be annotated "UP".
With the exception of amputated digits or confinned deformities, handwritten notes on
Fonn FD-258 cards are not pennitted in individual fingerprint blocks. Any marks other
than fingerprints in the Fonn FD-258 fingerprint blocks may render good prints as rejects
when they are electronically scanned.

•

Names: If an applicant does not have a first name, enter "No given name" in the "First"
name data field on the fingerprinting workstation demographics page. Also, remember that
no suffixes (Sr, Jr, the Second, III, etc.) will be entered.

•

Coercive Population Control (CPC) Applicants: CPC applicants and their families are
asylum applicants filing Fonn I-589. If they appear at the ASC without proper
identification and cannot be fingerprinted electronically, they must be manually ink-printed
(see procedures in Chapter 7).

Phases: Manual Fingerprinting
•

Applicant Fingerprinting (Manual)
o Preparing the Applicant for Fingerprints
o Taking the Applicant's Fingerprints
o Biometrics Technician's Quality Assurance (QA) Check
o Taking the Applicant's Press Prints

•

Quality Assurance Review
o Documentation & Fonn FD - 258 Masthead QA Check
o Fingerprint QA Check
20 12 Edition
September 20 12

3.A-2

App. 0260

Obtained via FOIA by Judicial Watch, Inc.
ASC Standard Operating Procedures
Chapter 3: Benefit Procedure- Code -1 (Fingerprinting)
Applicant Fingerprinting (Manual)
General Procedure Description: This phase is used in fingerprinting an applicant at a manual
(ink) fingerprinting workstation using rMNS software.
When to Use This Procedure: After the applicant has completed the receptionist-processing
phase and the applicant has met the requirements to be manually fingerprinted.
Who Performs This Procedure: A trained Biometrics Technician, Site Supervisor. or ASC
ISO shall complete this phase.

Preparing tlte Applicant for Fingerprints
Step
I

Action
Retrieve only the applicant from the waiting area by calling the next customer
serv1ce number (i r applicable) or the next applicant.
Family or friends
accompanying the applicant will remain in the waiting area unless their physical
assistance is required to fingerprint the applicant and/or to function as a translator.

2

Request the applicant's customer service number, government-issued photo ID,
appointment notification letter. and AIW.

3

Verify the applicant has the required government-issued picture ID fo r the desi red
benefit. If the applicant does not have the required picture ID for the desired
benefit, check the applicant's AIW to see if it has been annotated by the ASC ISO.
If the applicant" s AI W has not been annotated, refer the applicant to the ASC ISO.

4

Verify the applicant's identity by comparing the picture ID to the applicant. If the
picture ID does not match the applicant's physical characteri stics, refer the
applicant to the ASC ISO.

5

Verify the accuracy of the A-number, name, and DOB by comparing the AIW with
the applicant's appointment notification letter and 10 card. If the AIW A-number
and/or DOB do not match the applicant's appointment noti fication letter. refer the
applicant to the ASC ISO.

6

Verify completeness of the personal information by ensuring all blocks on the AIW
are checked/completed.

Note: To access FMNS, enter the applicant's Form FD-258 masthead information and print the
Form FD-258 card use the most current version of the Fingerprint Masthead Notification
System User's Guide. (Masthead informati on may be neatly hand printed in black ink.)

20 12 Edition
September 20 12

3.A - 3

App. 0261

Obtained via FOIA by Judicial Watch, Inc.
ASC Standard Operating Procedures
Chapter 3: Benefit Procedure- Code -1 (Fingerprinting)
Applicant Fingerprinting (Manual)
Taking the Applicant's Fingerpri11ts
Step

Action

1

Check the applicant's hands for texture and softness. If hands are rough, apply
liquid to soften and moisturize the fingertips.

2

Place/slide card into metal template/brace on the ink-fingerprinting stand where all
right-hand fingerprint boxes are visible and fingerprints can be applied.

3

Apply ink to inkpad and roll ink flat and even with mal1et roller until smooth.

4

Take the applicant's right hand and roll right thumb in ink and then roll thumb on
card, toward the applicant's body, and nail-to-nail in the " 1. R. Thumb" block.
Take the applicant's right index finger and roll in ink and then roll finger on card,
away from the applicant' s body, and nail-to-nail in the "2. R. Index" block. Repeat
the same steps by placing the applicant's fingers in ink a nd then rolling the finger
away from the applicant's body, and nail-to-nail in the "3 . R. Middle," "4. R.
Ring," and "5 . R. Little" blocks, in that order.

5

Slide card in meta l template/brace on the ink-fingerprinting stand where all lefthand fingerprint boxes are visible and fingerprints can be applied.

6

Re-appl y ink to inkpad, as required, and roll ink fl at and even with mallet roller
until smooth.

7

Take the applicant's left hand and roll the left thumb in ink and then roll thumb on
card, toward applicant's body, and nail-to-nail in the "6. L. Thumb" bl ock. Take
the applicant's left index finger and roll in ink and then roll finger on card, away
from the applicant's body, and nail-to-nail in the " 7. L. Index" block. Repeat the
same steps by placing the applicant' s fingers in ink and then rolling the fingers
away fro m the applicant's body, and nail-to-nail in the "8. L. Midd le," ··9. L.
Ring," and " 10. L. Little" blocks, in that order.

Notes:
1. With the exception of a mputated digits, handwritten notes are not permitted in individual
fingerprint blocks. Any marks other than fingerprints in the Form FD - 258 fingerprint
blocks may render good prints as rejects when they are electronically scanned.
2 . If the applicant has an amputation, one or more fingers, thumbs, or hand removed, the
condition shall be noted in black ink in the appropriate Form FD - 258 block. Total
20 12 Edition
September 20 12

3.A- 4

App. 0262

Obtained via FOIA by Judicial Watch, Inc.
ASC Standard Operating Procedures
Chapter 3: Benefit Procedure- Code- 1 (Fingerprinting)
amputation should be designated "XX". In the case of partial amputation of the first joint
of a finger or thumb, the impression of the remaining end joint is placed in the
appropriate block.
3. If the applicant has a deformity that prevent the taking of a fingerprint, such as severe
arthritis, AND the ASC-ISO confirms that specific fingers cannot be printed without
causing harm or pain to the applicant, the condition shall be noted in black ink in the
appropriate Form FD-258 block as an "UP"- Unable to Print. Unable to Print fingers
should be annotated "UP".
4. If a biometrics technician determines that slhe cannot capture any fingerprints due to a
physical impairment of the applicant, the technician shall refer the applicant to the ASC
ISO for a possible fingerprint waiver. If the ASC ISO approves a fingerprinting waiver,
the applicant shall be processed in accordance with Chapter 8, "Administrative
Procedures".

2012 Edition
September 2012

3.A- 5

App. 0263

Obtained via FOIA by Judicial Watch, Inc.
ASC Standard Operating Procedures
Chapter 3: Benefit Procedure- Code- 1 (Fingerprinting)

Biometrics Techtzicialt'S Self Quality Assurance (QA) Check

Step
I

Action
Verify prints are classifiable (or best print possible) by determining if ridges and
deltas are visible.

2

Verify prints are rolled nail-to-nail in blocks 1 through I 0.

..,

_)

Verify prints are not smudged and on the Fom1 FD-258 card in the proper order.

4

Verify press print clarity and the total number of press prints recorded is equal to the
total number of rolled prints.

5

If there is a problem, recapture prints on either manual tabs or full strips by re-inking
and rolling/pressing on a manual tab/full strip and by following the steps for
fingerprinting that thumb/finger. Verify the new print is classifiable. There is no
limit on the number of tabs or strips that may be used to obtain acceptable
fingerprints. However, tabs should not be placed over tabs; therefore, take the
unacceptable print tab off the card before putting a new one on the card.

20 12 Edition
September 20 12
J.A- 6

App. 0264

Obtained via FOIA by Judicial Watch, Inc.
ASC Standard Operating Procedures
Chapter 3: Benefit Procedure- Code -1 (Fingerprinting)

Taking the Applicant's Press-Prints
Step
1

Action
Slide card in metal template/brace on the ink-fingerprinting stand where all press
print fingerprint boxes are visible and press prints can be applied.

2

Re-apply ink to manual inkpad, as required, and the roll ink flat and even with mallet
roller until smooth.

3

Take the applicant's left hand and press thumb in ink and then press on card in the "L.
Thumb" block for the left thumb press print. Take the applicant's left hand and press
all fingers in ink and then press fingers on card in a 45 - degree angle, in the "Left
Four Fingers Taken Simultaneously" block for the left-hand press prints.

4

Re-apply ink to inkpad, as required, and roll ink flat and even with mallet roller until
smooth.

5

Take the applicant's right hand and press thumb in ink and then press on card in the
" R. Thumb" block for the right thumb press print. Take the applicant' s right hand
fingers and press all fingers in ink and then press fingers on card in a 45 - degree
angle, in the "Right Four Fingers Taken Simultaneously" block for the right-hand
press prints.

6

Conduct a quality assurance review of the completed Form FD-258 card.

Note: Full strips and a printing spoon may be used on elderly, handicap, and/ or applicants with
worn ridges to increase the possibility of taking classifiable fingerprints.

2012 Edition

September 20 12
3.A- 7

App. 0265

Obtained via FOIA by Judicial Watch, Inc.
ASC Standard Operating Procedures
Chapter 3: Benefit Procedure- Code - 1 (Fingerprinting)
Quality Assurance (QA) Review
General Procedure Description: This phase is used to conduct a QA review of a manual (ink)
Form FD-258 card.

When to Use This Procedure: After the biometrics teclmician has completed the manual (ink)
fingerprinting phase.

Who Performs This Procedure: The "self QA" BT, Site Supervisor, or ASC ISO shall
complete the actions in this phase for every manual (ink) Form FD - 258 card.

Documentatiou & Form FD-258 Masthead QA Clteck

Step
1

Action
Request the applicant' s appointment notification letter, Form FD-258 card, picture
ID, and AIW from the biometrics technician.

2

Verify the applicant has the required goverrunent issue picture ID for the desired
benefit. If the applicant does not have the required picture ID for the desired
benefit, check the applicant' s AIW to see if it has been aru1otated by the ASC ISO.
If the applicant' s AIW has not been annotated, refer the applicant to the ASC ISO.

3

Verify the applicant's identity by comparing the picture TD to the applicant. If the
picture ro does not match the applicant' s physical characteristics, refer applicant to
the ASC ISO.

4

Verify the accuracy of the A-number, name, and DOB by comparing the Form
FD-258 card with the applicant' s appointment notification letter and lD card. lfthe
A-number, nan1e, and/or DOB do not match the applicant's appointment
notification letter and/or ID card, refer the applicant to the ASC ISO.

5

Verify accuracy of the other personal information by comparing picture ID and
AIW. If corrections are required, direct the biometrics technician to reproduce the
Form FD-258 with the co1Tect information.

6

Verify the signature in the " Signature of Person Fingerprinted" block is the same as
either the name in the "LAST NAME NAM FIRST NAME MIDDLE NAME"
block or the "ALIASES AKA" block. If corrections are required, direct the
biometrics technician reproduce the Form FD-258 card with the correct
information.

20 12 Edition
September 20 12

3.A- 8

App. 0266

Obtained via FOIA by Judicial Watch, Inc.
ASC Standard Operating Procedures
Chapter 3: Benefit Procedure- Code -1 (Fingerprinting)
Quality Assurance (QA) Review
Fingerprint QA Clteck
Step

1

Action
Verify all fingerprints are classifiable (or best print possible) by determining ridge
clarity and delta visibility.

2

Verify prints are rolled nail-to-nail in blocks 1 through 10.

3

Verify prints are not smudged and on the card in the proper order.

4

Verify press-print clarity and the total number of press-prints recorded is equal to
the total number of rolled prints.

5

If there is a problem with fingerprints, direct the biometrics technician to recapture
the prints on either manual tabs or full strips by fo llow ing the appropriate steps for
fingerprinting that thumb/fi11ger if they have not done so.

6

Verify empty blocks on Form FD-258 are a result of missing fingers or confmned
deformity and either "XX" or "UP" is noted in the appropriate block (s) on the
form.

7

Verify the signature matches the signature of a name appearing on the FD-258 card .

8

Record your six-digit employee number 111 the fingerprint portion of the
" biometrics stan1p" on the applicant's appointment notification letter.

9

Ensure "FOR OFFICIAL USE" section on the AIW is complete and accurate.

10

Return the applicant's appointment notification letter, AJW, and ID to the
biometrics technician . See Note below.

11

File the applicant' s Form FD-258 card in a secure locati on to be determined by the
Site Supervisor.

Note: Upon completion of the QA 's check, the biometrics technician w ill instruct applicant to
clean hands and will proceed with the dismissal procedures of the applicant if all processing
has been completed. See Chapter 2- Benefit Summaries and Common Procedures.

20 12 Edition
September 20 12

3.A - 9

App. 0267

Obtained via FOIA by Judicial Watch, Inc.
ASC Standard Operating Procedures
Chapter 3: Benefit Procedure- Code - 1 (Fingerprinting)
Section 3.B: Electronic Fingerprinting- "Live Scan"
Background:
The biometrics workstation captures and transmits electronic "digital"
fingerprints without the use of ink. The system features a continuous real-time image preview
and allows operators to preview each fingerprint while pre-positioning the finger for pressure,
moisture, and quality review; and to monitor image quality as the print is being rolled. The
operator can use this immediate feedback image to reject and re-roll unacceptable prints before
they are electronically transmitted. The demographics entry features enable operators to enter
demographic data using defined, pull-down menus and/or a barcode reader. Using the
biometrics workstations, technicians can perform the following basic functions:
• Enter the biographical information and store to memory.
• Query previously entered information by name, social security number, A-number, and/or
date of entry.·
• Capture, store, and electronically transmit fingerprints to a service center.
Operational Procedures: The following operational procedures shall be used in processing
applicants on biometrics workstations.
Specific biometrics workstation operating instructions may be found in the current version of the
Operations Guide. Biometrics workstations will be left on continuously throughout the work
week unless otherwise instructed.
If an applicant does not have a first name, enter "No given name" in the "First:" name data field
on the biometrics workstation demographics page.

Amputations & Deformities: If the applicant has an amputation, one or more fingers, thumbs, or
hand removed, select special options by pressing "Special" on the Control Pad. If an applicant is
born with a missing finger, thumb, or hand, select "Unable to Print (UP)". Select "Amputation
(XX)" for total amputation. In the case of partial amputation of the first joint of a finger or
thumb, the impression of remaining end joint is placed in the appropriate block.

Phases: Electronic Fingerprinting
•

•

Applicant Fingerprinting (Electronic)
o Preparing the Applicant for Fingerprints
o Taking the Applicant's Press Fingerprints
o Taking the Applicant's Right-Hand Roll Prints
o Taking the Applicant's Left-Hand Roll Prints
o Biometrics Technician's Quality Assurance (QA) Check
Quality Assurance (QA) Review
o QA Check of the Applicant's Demographics
· o QA Check of the Applicant's Fingerprints
2012 Edition
September 20 12

3.8- I

App. 0268

Obtained via FOIA by Judicial Watch, Inc.
ASC Standard Operating Procedures
Chapter 3: Benefit Procedure- Code- 1 (Fingerprinting)
Applicant Fingerprinting (Electronic)
General Procedure Description:
biometrics workstation.

T his phase

IS

used m finge rprinting an applicant at a

When to Use This Procedure: After the applicant has completed the recepti on ist-processing
phase.

Who Performs This Procedure: A biometrics technician. Site Supervisor. or ASC T shall
SO
complete this phase.

Preparing tlte Applicantfor Fingerprinting
Step
I

Action
Retrieve only the applicant from the waiting area by calling the next customer
Family or friends
servtce number (if applicable) or the next applicant.
accompanying the appli cant will remai n in the waiting area unless their physical
assistance is required to fingerprint the applicant and/or function as a translator.

2

Request the applicant' s customer servtce number. picture 10, appointment
notification letter, and AI W.

3

Verify the applicant has the required government issued picture ID for the desired
benefit. If the applicant does not have the required picture ID for the desired
benefit, check the applicant's AIW to see if it has been annotated by the ASC ISO.
If the applicant's A IW has not been annotated. refer the applicant to the ASC ISO.

4

Verify the applicant' s identity by comparing the pictW'e ID to the applicant. If the
picture ID does not match the applicant' s physical characteristics, refer the
applicant to the ASC ISO.

5

Verify the accuracy of the A-number, name, and DOBby comparing the AIW with
the applicant's appointment notification letter and ID card. If the A IW A-number,
name, and/or DOB do not match the applicant's appointment notification letter
and/or ID card, refer the applicant to the ASC lSO .

6

Verify completeness of the personal information by ensuring a ll blocks on the AJW
are checked/completed.

Note: To access the biometrics workstation and enter the applicant's demographic information:
refer to the most current version of the Operations Guide.

20 12 Edition

September 20 12
3.8- 2

App. 0269

Obtained via FOIA by Judicial Watch, Inc.
ASC Standard Operating Procedures
Chapter 3: Benefit Procedure- Code - 1 (Fingerprinting)
Accessing the Biometrics Workstation
CODE 1- APPLICANT PROCESSING

Step
1

2

Action
If applicable, use 2 - D barcode reader to scan 2 - D barcode from the applicant's
notification letter. The demographic information entered using the 2 - D barcode
displays with a prompt to add the information to the record . Press " Yes" or
" Enter".

Complete the first three demographic screens. Edit demographic data as needed.
Press F6 (Page down) to display the next demographic screen.
NOTE: If the form type of the appointment notice does NOT exist on the menu
pull-down options, select "X999" as the form type. (This catch-all form type will
allow the continued processing ofthe applicant.)

3

The last demographic screen is indicated with the message "Last page-Press ' Page
Down' " to complete.

4

Press F6 (Page Down).

5

Prepare to take applicant's fingerprints .

20 12 Edition
September 20 12

3.8-3

App. 0270

Obtained via FOIA by Judicial Watch, Inc.
ASC Standard Operating Procedures
Chapter 3: Benefit Procedure- Code -1 (Fingerprinting)
Applicant Fingerprinting (Electronic) (cont'd)
Taking the Applicant's Press Pri11ts

Step
1

Action
Check the applicant's hands for texture and softness. Spray tingerlips with water,
if needed.

2

Take the applicant' s left hand. Place the applicant's left four fingers flat at a slight
angle over the slap print glass prism and either press the "Capture/Yes" button on
the control pad or the capture pedal.

3

Verify press print clarity. Press the "Capture/Yes" button on the control pad to
approve the fingerprint or press the "No" button to rej ect the fingerprint. If the
fingerprint is approved, the "Flat Left Thumb" screen will appear. If the fingerprint
is rejected, repeat step #2.

4

Take the applicant's left hand. Place the applicant' s left thumb in the center of the
roll print glass prism and press the "Capture/Yes" button on the control pad.

5

Verify press print clarity. Press "Capture/Yes" button on the control pad to
approve the fingerprint or press the "No" button to reject the fingerprint. If the
fingerprint is approved, the "Flat Right 4" screen will appear. If the fingerprint is
rejected repeat. step #4.

6

Take the applicant's right hand. Place the applicant's right four fingers flat at a
slight angle over the slap print glass prism and press the "Capture/Yes" button on
the control pad.

7

Verify press print clarity. Press the "Capture/Yes" button on the control pad to
approve the fingerprint or press the "No" button to reject the fingerprint. If the
fingerprint is approved, the "Right Flat Thumb" screen will appear. If the
fingerprint is rejected, repeat step #6.

8

Take the applicant's right hand. Place the applicant' s right thumb in the center of
the roll print glass prism and press the "Capture/Yes" button on the control pad.

9

Verify press print clarity. Press the "Capture/Yes" button on the contro I pad to
approve the fingerprint or press the ''No" button to reject the fingerprint. If the
fingerprint is approved, the "Right Thumb Roll" screen will appear. If the
fingerprint is rejected repeat step #8.

..

Note: If a bwmetncs teclm1c1an determines that s/he cannot capture any fingerprints due to a
physical impaim1ent of the applicant, the technician shall refer the applicant to the ASC ISO
2012 Edition
September 20 12
J.B- 4

App. 0271

Obtained via FOIA by Judicial Watch, Inc.

ASC Standard Operating Procedures
Chapter 3: Benefit Procedure- Code - 1 (Fingerprinting)
for a possible fingerprint waiver. If the ASC ISO approves a fingerprinting waiver, the
applicant shall be processed in accordance with Chapter 8, "Waivers, Re-scheduling, andRefingerprinting".

2012 Edition
September 2012

3.8-5

App. 0272

Obtained via FOIA by Judicial Watch, Inc.
ASC Standard Operating Procedures
Chapter 3: Benefit Procedure- Code -1 (Fingerprinting)
Applicant Fingerprinting (Electronic) (cont'd)
Taking tlte Applicant's Riglzt-Hand Roll Prints
Step
1

Action
Take the applicant' s right hand. Place the right thumb in the center of the roll print
glass prism. Roll the thumb toward the applicant's body and back to the female or
male roll fingerprint start line. Press the "Capture/Yes" button on the control pad,
roll the right thumb away from the applicant's body and nail-to-nail over the roll
print glass prism.

2

Verify print is classifiable (or best print possible) by determining if ridges and
deltas are visible. Press the "Capture/Yes" button on the control pad to accept the
fingerprint or press the "No" button to retake the fingerprint. If the fingerprint is
accepted, the " Right Index" screen will appear. If the fingerprint is rejected, repeat
step # 1.

3

Take the applicant's right hand. Place the right index finger in the center of the roll
print glass prism. Roll the finger toward the applicant' s body and back to the
female or male roll fingerprint start line. Press the "Capture/Yes" button on the
control pad and roll the index finger away from the applicant's body and nail-tonail over the roll print glass prism.

4

Verify print is classifiable (or best print possible) by determining if ridges and
deltas are visible. Press the "Capture/ Yes" button on the control pad to accept the
fingerprint or press the "No" button to retake the fingerprint. If the fingerprint is
accepted, the right middle fingerprint screen will appear. If the fingerprint is
rejected, repeat step #3.

5

Repeat steps 3 and 4 for the right middle, ring, and little fingers, in that order.

Notes:
1. The top of the each screen will indicate the finger to roll and an an·ow will indicate the
recommended direction of the roll for the indicated finger.
2. The prism should be cleaned with a white cloth and appropriate cleaner, as needed.

20 12 Edition

September 20 12
3.8-6

App. 0273