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)

Background and Security Checks, Continued
FBI
Fingerprint
Check
Procedures

All individuals filing a DACA request will be scheduled for biometrics
capture (photo, fingerprints, and signature) at an ASC regardless of whether
biometrics were captured for the requestor from a previous filing with USCJS
within the last 15 months. DACA requesters under the age of 14 will have
the press print captured inscead of full fingerprin ts.

38

App. 0314

Chapter·1: DACA Overview
:
All individuals requesting DACA must file their request individually and
satisfy the DACA guidelines in their own right; USCIS will not consider
deferring removal action of an individual under DACA based on their familial
relationship to someone who has received DACA. There is no derivative
DACA.

Filing

Commonwealth
of the Northern
Mariana
Islands (CNMI)

Not Eligible

Individuals in the CNMl arc not to be considered for deferred action for
childhood arrivals, because the CNMI did not become part of the United
States for immigration purposes until November 28, 2009. As a result,
rcquestors could not establish continuous residence in the United States
during the 5-year period immediately preceding the Secretary's
memorandum and/or entry into the United States before their 16"' birthday.
Instead, these individuals may request parole on a case-by-case basis. These
requests will be considered under the same general guidelines used for
DACA, except that the five years of continuous residency required will be
residency in the CNMl, not the United States. Requests for consideration of
deferred action for childhood arrivals received from individuals in the CNMl
should be referred to USCIS District 26 (Honolulu District) for case-by-case
consideration by officers knowledgeable about the unique immigration
siruation in the CNMI.
Continued on next page

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39

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App. 0315

DACA Overview, Continu· d
e
lnltia!DACA
Package

A complete DACA package must include the following items:
I. Forni l-82ID, Consideration of Deferred Action for Childhood
Arrivals, properly filed with proper signature.
2. Form 1-765, Application for Employment Authorization with l-765
WS, properly filed with proper signature, the base filing fee, and the
biometric services fee. The fees for Form 1-765, and the biometric
services fee are not eligible for fee waiver consideration.*
3. Evidence of idcntjty to include date of birth, which would establish
compliance with the upper and lower age limits.
4. Evidence of entry prior to the requestor's I61h birthday.
5. Evidence of continuous residence since June 15, 2007, up to the date
of filing.
6. Evidence of unlawful status as of June 15, 2012, if admitted or expired
parole (if paroled).
7. Evidence of presence in the United States on June 15, 2012.
8. Evidence that any absences from the United States during the required
period of continuous residence were brief, casual, and innocent
absences.
9. Evidence that the requcstor is currently in school, graduated or
obtained a certificate of completion from high school, obtained a
general educational certificate (GED), or is an honorably discharged
veteran of the Coast Guard or U.S. Anncd Forces.
•1f!he rcqucstor has been determined C.lcmpt from the fee. nie DACA package must be
accompanied by the exemption approval lcuer from USCIS Headquarters.
Continued 011 .next poge

"

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40

App. 0316

DACA Overview, Continued
DACA
Guidelines

An individual·meeting the following guidelines may be favorably considered
for DACA if, under the totality of the circumstances, he/she:
I. Was in unlawfu l status as of June 15, 2012;
2. ls at least 15 years of age on the date of filing, if not in removal
proceedings or with a fi nal order of removal or voluntary depanure
order;
·
·
3. Arrived in the Uni ted States prior to reaching his/her 16th birthday;
4. Ha~ continuously resided in the United States since June 15, 2007, up
to the time the request for consideration of deferred action for
childhood arrivals is submitted;
5: Was present In tbe United States on June 15, 2012;
6. ls currently in school, graduated from high school, obtained a general
educational c.enificate (GED), is currently enrolled in an accredited
GED program, or is an honorably discharged veteran of the Coast
Guard or U.S. Armed Forces;
7. Was born after June 15, 1981 <i&, was not age3 1 or older on June 15,
2012);
8. Has not beeri convicted of a felony offense, a significant misdemeanor
offense, or three or more non-significant misdemeanor offenses; and
9. Does not otherwise pose a threat to national security or public safety.

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41

App. 0317

Chapter 8: Adjudication of
The DACA Request
A. Procedural Overview
Evaluating the
Evidence

When evaluating the evidence submitted in support of a request for DACA
consideration, refer to the discussion of the different types of evidence, the
weight to be given to such evidence, and the standards of proof, all of which
are discussed in Chapter I .

Request for
Officers will NOT deny a DACA request solely because the DACA requester
Evideoce (RFE) failed to submit sufficient evidence with the request (unless there is sufficient
versos Notice of evidence in our records to support a denial). As a matter of policy, officers
Intent to Deny
will issue an RFE or a Notice of Intent to Deny (NOID).

(NOID)

If additional evidence is needed, issue an RFE whenever possible.
When an RFE is issued, the response time given shall be 87 days. A list of
DACA RFE call-ups and the actual templates can be found in Appendix D.

When a NOID is iSS!Je<l, tbe response time given shall be 33 days.
•Unobtninable
A-files

After requesting an A-file from the FCO, there may be occasions when there
is no response or the file cannot be released (e.g., pending interview,
etc.). After three unsuccessful attempts to obtain the file from a field office
via CIS or from ICE, adjudicate the DACA filing from the T-file. If the Afile is with ICE, the center should send three requests via CIS using standard
procedures. However, if the A-file is not received from 'ICE within the 30
days allowed after ule initial request, the center·s Records Section should
send a manifest containing a list of the A-files rc~uestcd from ICE to the
designated ICE e-mail box that has been created specifically for the DACA
workload.
·,

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App. 0318

------------------~~~

8 . System Searches

!

'

,
!'

App. 0319

C. Determining if Guidelines are Met
Introduction

Individuals may be considered for DACA upon showing that they meet the
prc..'Scribed guidelines by a preponderance of the evidence. The evidentiary
standards are discussed in Chapter 1. 1f additional information is needed for
DACA consideration, issue an RFE. Appendix D has a list ofDACA RFE call
ups.

Identity

Acceptable evidence may consist of, but is not limited to:
• A passport,
o A birth certificate accompanied by some type of photo identification,
• Any national identity document !Tom the requcstor's country oforigin
bearing the requcstor's photo and/or fingerprint;
• Any U.S.-govemment immigration or other document bearing the
requestor's name and photograph (e.g., Employment Authorization
Documents (EADs), expired visas, driver's licenses, non-driver cards);
• Any school-issued form of identification with photo;
• Military identification document with photo; or
• Any document that the requestor believes is relevant.
The Matricular Consular or other form of consular identification issued by a
consulate or embassy in the United States will be accepted as proof of identity.
If identity is not established, then issue RFE DACA 100 call up !Tom
Appendix D.

Age at Time of
Filing

If the DACA requestor is not in removal proceedings, does not have a final
removal order, or does not have voluntary departure, he/she is to be age 15 or
older to file the DA~A request. To determine the requestor's age at the time
of filing, review the requestor's birth certificate or other acceptable secondary
evidence establ ishi~g the requestor's date of birth.
If the DACA requc5tor is in removal proceedings (including cases th~i have

been administrativeiy closed), which includes having an order of voluntary
departure after proc,eedings were initiated or a final order, he/she may· be under
age 15 at the time of filing the DACA request.
Regardless of whether the DACA requester is in removal proceedings or not,
he/she was born after June 15, 1981 and meets the remaining guidelines in the
Secretary's memo r~durn.
Continued on next page

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:

App. 0320

C. Determining if Guidelines are Met, Continued
Anived in the
United StaI.cs
Prior to 16'"
Birthday

The Secretary's memorandum states as one of the guidelines to be met before
an individual is considered for DACA is that he/she arrived in the United
States prior to reaching hislber I 6lh birthday. To determine the date of arrival, _
review the response·to Pan l, questions 13 through 17 of Form 1-82 1D for the
date and place of initial entry into the United States and status at entry. In
addition, review question 6 in Part I and the requestor's birth certificate or
other acceptable evidence establishing the requcstor's date of birth.
If the !'e{)Uestor indicates a status in response to question 15 of Form 1-821D,
but does not provide the 1-94# or a copy of the 1-94 or any other document,
such as a copy of his/her passport showing the date of initial entry, perform a
systems check (SQ94/Arrival Departure Information System (ADIS)) to
validate the date of C..'lltry, if needed.

If the requestor entered "no status" in response to question 15 of Form 1-821 D,
or if the requestor indicates that he/she arrived with a status or was paroled
into the United States, but this cannot be validated through a systems check,
review the totality of the evidence submitted to establish whether the

Present in the
United Sllltcs on
June 15, 2012

The Secretary's memorandum states as one of the guidelines to be met before
an individual may lie considered for DACA that the individual was present in
the United States ori June 15, 201 2. To determine if the !'e{)uestor wai; present
in the United States'on June 15, 2012, review the responses to Part I regarding
the date of entry, status at entry and date authorized stay expired, and'the
responses to the qu~stions in Pan 2 regarding all absences !Tom the United
States since June IS, 2007. Review the totality of the evidence submitted. The
evidentiary standards are discussed in 'Chapter I. If the !'e{)uestor arrived
before June 15, 200°7, and there is no indication of any departure and the
evidence subm itted 'establishing hiSJber presence in the United States on June
15, 2012 is credible, then this guideline has been met
If a given documeni docs not specifically refer to June 15, 20 12, review t~c
dates on all the documentation submitted in its totality to establish presence in
the United States ori that date.

Continued on next page

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45

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-

App. 0321

C. Determining if Guideli.nes are Met, Continued
Pr esent in the

United States on
June JS, 2012

(continued)

The following are ex.amp Ies of acceptable evidence to establish presence in the
United States on June 15, 2012. This list of exam !cs is not exhaustive.

~~~~~
Employment
Records

~mtmm~~~~~

• Pay stubs;
o W-2 Forms;
• Federal, State, or local income taX returns; or
• Leners from employer{s) or, if the DACA
requestor has been self-employed, letters from
banks, and other firms with whom he/she has
done business.

In all of these documents, the employee's name
and the name of the requestor's employer or other
interested organization must appear on the form
or letter, as well ns relevant dates. Letters from
employers must be signed by the employer and
must include the employer's contact information.

Receipts, Bills,
Letters

School Records

Medical Records

Such letters must include: (1) the requestor's
address(es) at the time of employment; (2) the
exact pcriod(s) of employment; (3) period(s) of
layoff; and (4) a brief summary of the requestor's
duties with the com aii' .
• Rent receipts;.
• Utility bills (gas, electric, telephone, etc.) bearing
the rcquestor's name (or family name if residing
at same address) and address; or
• Receipts or letters from companies showing the
dates durin which the r uestor received service.
Transcripts, letters, report cards, etc., from the
school(s) that the requestor attended in the United
States showing the name of school(s) and the
eriod(s) of school attendance.
Hospital or.medical records showing medical
treatment or hospitalization of the rcquestor. Such
records should show the name of the medical facility
or physician, as well as the datc(s) of the tieatment
or hos italization.
Continued

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next page

46

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App. 0322

C. Determining if Guidelin.e s are Met, Continued
Present in the
United States oo
June 15, 2012
(continued)

Memberships

Military
Records

Additional
Documents

•

Official records from a religious entity in the United
States con'firming the requestor's membership or
attendance in the entity, attendance at entity events,
or participation in a religious ceremony, rite, or
passage (e.g., baptism, first communion, wedding,
etc.).
• Documentation showing membership in community
or anizations e . . Scouts). ·
Military records (e.g., Form DD-214, Certificate of
Release or Discharge from Active Oury; NGB Form 22,
National Guard Report of Separation and Record of
Service; military personnel records; or military health ·
records).
Additional documents to support the rcqucstor's claim may
include:

•
•
•
!-

•
•
•
•
•
~
~

•

Money order receipts for money sent in or out of the
country;
Passport entries;
Birth certificates of children born in the United
States;
Dated bank transactions;
Correspondence between the DACA requester and
other persons or organizations;
U.S. Social Security card;
Selective Service card;
Automobile license receipts, title, vehicle
registr.ition, etc.;
Deeds, mortgages, contracts lo which the DACA
requcstor has been a party;
Tax receipts;
Insurance policies, receipts, or postmarked len~rs ;
and/or
An other relevant document.

If the totality of the ~vidence does not establish that the requester was.present
in the United States on June 15, 2012, issue RFE DACA 105 call up from
Appendix D for additional evidence.
Contin11ed on 11c.r1 page

-

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.

App. 0323

C. Determining if Guideli,nes are Met, Continued
Unlawful

Inunigration
Stntus as of
June IS, 2012

To be considered for DACA, the rcqucstor is to demonstrate that he/she was in an
unlawful status as of Jiine 15, 20 12. Unlawful starus means that the requestoi"s
lawful immigration status expired before June 15, 2012; helshe entered the United
States without inspection before June 15, 2012; or if paroled into the United States,
his/her parole expired, and he /she did not attain any other lawful starus or parole
cxlension by that date.
To detemiinc whether the requcstor was in an unlawful starus as of June 15, 20 12,
review the responses to Part I of Form I-821 D regarding date of entry, status al
entry, and any date that authorized stay or parole expired, if such authorized stay or
parole existed.
Examples of documents that may show the rcquestor's immigration starus on June
15, 2012 include, but arc not limited to the following:
• 1
-94/1-95/1 W ArrivaVDcparrure Record showing the date the rcquestor's
-94
authorized stay expired;
• If the requestor has a final order of exclusion, deportation, or removal issued
on or before June 15, 2012, a copy of that order and related charging
documents, if available;
An lNS or OHS charging document placing the requcstor into deportation,
exclusion, or removal proceedings;
• Any other document that is relevant to show that the requester lacked lawful
immigration s'tatus on June 15, 2012; or
• Any documen.1 relating to parole.
If needed, officers sh~uld conduct a systems check(!&. to determine if a record.
exists) for the DACA requestor that will help in establishing his/her unlawful status
on June 15, 2012.
·
If the evidence submitted does not establish that the requestor was in an unlawful
status on June 15, 2012, issue RFE DACA 104 call up from

Appendix D for additi.onal evidence.
An individual who had Temporary Protected Starus (TPS) on June 15, 2012, will not
be considered for deferred action for childhood arrivals.

Not
Age 31 or Older

on
June 15, 2012

The Secretary's memorandum provides that one of the guidelines to be met
before an individual•is considered for DACA is that the individual was not
age 31 or older on June 15, 2012. In other words, the DACA rcquestor was
born after June 15 , 1 1. To determine whether U1e requestor was born after
:98
June 15, 198 1, review the rcquestor's birth certificate or other acceptable
secondary evidence establishing the requestor's date of birth.
If there is no eviden~e establishing the requestor's date of birth, issue DACA
RFE 140 call up fro~ Appendix D.
Comi1111ed 011 nt..tl page

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48

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.

App. 0324

C. Det~rmining if Guidelines are Met, Continued
Continuous
Residence (CR)

The individual reque,sting DACA is to submit evidence that helshe has
resided continuously in the United States since June 15, 2007, or earlier, and
up to the present time. Present time means the date of filing.

If the answers to any of the questions on page 3 (Part 2, Arrival/Residence
lnfonnation) of the Form 1-8210 are blank or if page 3 of the fonn is missing
and no documentation was submitted, or the documentation submitted does
not reasonably show when the requestor arrived and that the requester meets
the continuous residence (CR) guideline, issue an RFE. Return the original
Form 1-821 D (if page 3 is missing, also include a blank page 3) with the RFE
asking the requcstor :to provide them issing answers and to provide
documentation that may establish CR.
The following arc examples of acceptable evidence of (CR). This list of
exam Jes is not exhaustive.
Employment
Records

• Pay stubs;
• W-2 Forms; ·
• Federal, State, or local income tax returns; or
• Letters from employer(s) or, if the DACA requester
has been self-employed, letters from banks, and other
firms with whom hdsbe has done business.
In all of these documents, the employee's name and the
name of the requester's employer or other interested
organization is to appear on the form or letter, as well
. as relevant dates. Letters from employers are to be
; signed by Lhe employer and are to include the
employer's contact information.
•. · Such letters arc to include: (1) the requestor's
address(es) at the time of employment; (2) the exact
period(s) of employment; (3) period(s) of layoff; (4)
and a brief summary of the requestor's duties with the

com an
Receipts, Bills,
Leners

• Rent receipts;
i Utility bills (gas, electric, telephone, etc.) bearing the
,i requestor's oamc (or fami ly name if residing at Same
address) and address; or
o Receipts or letters from compan ies showing the dates
durin which the re uestor received service.
Continued on next page

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App. 0325

C. Det~rmining if Guidelines are Met, Continued
Continuous
Residence (CR)
(continued)

·School Records
-

Medical
Records
Memberships

Military
Records
Additional
Documents

~

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<

•

Transcripts, letters, report cards, etc., from the school(s)
that the requestor attended in the United States showing;
• Dated bank transactions;
• Correspondence between the name of school(s) and the
period(s) of school attendance.
Hospital or medical records showing medical treatment or
hospitalization of the requester. Such records arc to show
the name of the medical facility or physician, as well as the
date(s) of the treatment or hosoitalization.
• Official records from a religious entity in the United
States confirming the requestor's membership or
attendance in the entity, attendance at entity events, or
participation in a religious ceremony, rite, or passage
(e.g., baptism, first communion, wedding, etc.).
• Documentation showing membership in ·community
organizations (e.g. Scouts).
Military records (e.g., Form DD-214, Certificate ofRcleasc
or Discharge from Active Duty; NGB Form 22, National
Guard Report of Separation and Record of Service; military
personnel records; or militarv health records).
Additional documents to support the requestor's claim may

.

i~clude:

•
•
•
•

•
~

•
•

•

•
•

Money order receipts for money sent in or out of.the
country;
Passport entries;
Birth certificates of children born in the United S.tates;
Dated bank transactions;
Correspondence between the DACA requestor and
other persons or organizations;
U.S. Social Security card:
Sclecti ve Service card;
Automobile license receipts, title, vehicle registration,
etc.:
Deeds, mortgages, conlracts to which the DACA "
requester has been <l' party; · ·
Tax receipts;
Insurance policies, receipts, or postmarked letters:
·and/or
Any other relevant document.
Continued 011 next poge

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50

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App. 0326

"

C. Determining if Guidel!nes are Met, Continued

Brief, Casual
and Innocent
(BCI) Absence
on CR

A brief, casual, and innocent absence from the United States will not interrupt
the DACA rcquestor's continuous residence. A departure made before August
15, 2012, will not be disqualifying iftbe departure was "brief, casual, and
innocent." Travel occurring after August 15, 2012, will not be considered
brief, casual, and in~ocent, unless rc.moval has been deferred under DACA
and advance parole have been granted.
If the requcstor indicated in Part 2 of the Form 1-8210 that he/she has been
absent before August 15, 2012, review the reason for the absence and any
evidence submitted to show that it was brief, casual, and innocent.
Examples of evidence establishing that an absence was brief, casual, and
innocent and therefore did not interrupt the requestor' s continuous residence
include, but are not limited to:
• Plane or other transportation tickets or itinerary showing the travel
dates;
• Passport entries;
• Hotel receipts showing the dates the rcquestor was abroad;
• Eviden·ce oflhe purpose of the travel (e.g., the requestor attended a
wedding or funeral); '
• Copy of any advance parole documents; or
• Any other relevant/probative evidence that could.support a brief,
casual, and innocent absence, as that term is defined in the definitions
section of this SOP.
Note that a departure made whiJe under an order ofvoluntary departure
or deportation, exclusion, or removal is not brief, casual, and innocent.
Continued on next page

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51

App. 0327
. i' .

C. Determining if Guidelii"es are Met, Contin~ed
Effect of Travel
Outside of the
United States
After August
15,2012

• Travel outsid·c the United States after August 15, 2012 and before the
DACA requ~t is filed:
o The dep~re interrupts a requcstor's continuous residence in the
United States. The requestor cannot meet the continuous
rcsiden~e guideline for DACA and removal action should not be
deferred~

• Travel outsitie the United States while the DACA request is pending:
o The depanure shall be deemed an abandonment of the DACA
request; therefore, the request will be denied for abandonmt..'llt.
• Travel outside the United States after removal action has been
deferred under DACA, but without advance parole:
o Deferred action under DACA is terminated automatically.
CR/BCINot

Met

If CR is not met, issue the following RFE DACA 101 call up from
Appendix D.
If no documentation is submined to show that a departure was brief, casual,
and innocent, or the documentation is not sufficient, issue the following RFE
DACA 102 call up from Appendix D.
J
If routine systems cliecks, documentation submitted with the DACA request,
or evidence in the A·::file indicate that a departure was made while under an
order of voluntary departure or deportation, exclusion, or removal, issue a
Notice of Intent to Deny (NOID) with the opponunity for the requestor to
rebut the derogatory:inforrnation. See Appendix E for NOID Template.
Continued on next page

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App. 0328

C. Determining if Guidelines are Met, Continued
To meet the educational guideline for DACA consideration, a DACA
rcquestor may show that he/she is currently in school, has graduated or
obtained a certificate of completion from high school, or has obtained a
General Educational Development (GED) certificate. Note that evidence of
enrollment in on-line courses is acceptable. When reviewing such evidence,
the completeness, t.Tcdibility, relevance, and sufficiency are gennane and take
precedence over the electronic medium over which the education was
received.

Education

Each component of this guideline is discussed in more detail below.
(

Currently In
School

To be considered "cilrrently in school," a requcstor is to be enrolled in:
• a public or private elementary school, junior high or middle school ,
high school, or secondary school;
• an education, literacy, or career training program (including
vocational training or an English as a Second Language (ESL) course)
that is designed to lead to placemt.-nt in post-secondary education, job
training, or employment;
• an education•program assisting students either in obtaining a regular
high school diploma or its recognized equivalent under State law
(including a certificate of compleiion, certificate of attendance, or
alternate award), or in passing a GED exam or other equivalent Stateauthorized exam; or
• a public or private college or university or a community college;
For ease of reading, education, literacy, and career training programs will be
referenced collectively as "alternative educational programs." When the
DACA rcquestor seeks to meet the "currently in school" component of the
educational guideline based on enrollment in an alternative educational
program, the request.or's current enrollment in that program is to be in
preparation for the requestor's anticipated subsequent placement in postsecondary education', job training, or employment (new employment or
advancement within existing employment). Evidence of such subsequent
placement is not required.
Continued on next page

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App. 0329

C. Determining if Guideli.nes are Met, Continued
Currently Jo

School

(continued)

A DACA requescor. who is enrolled in a personal enrichment class (such as
arts and crafts) or who is enrolled in a recreational class (such as canoeing) is
not in an alternative educational program and thus not considered to be
"currently in school" for DACA purposes.

In determining whether enrollment in an alternative educational program
meets the "currently in school" component of the educational guideline for
DACA consideration, first, review the documentary evidence provided to see
whether the alternative educational program is an education, literacy, or
career training program (including vocational training and ESL) and whether
it is publicly funded in whole or in pan (State, Federal, county, or municipal
funds.) !fit is an alternative educational program and it receives public
funding, no funber evaluation is required. As long as the infonnation is
provided by the school/program, it is not necessary to RFE for copies of the
acrual funding documents. If this information is not provided., the RFE
should request the information, but not require copies of the actual funding
documents. !fit is a literacy program that is run by a non-profit entity, no
further evaluation is required with respect to the first pan of the analysis. If,
however, it is an alternative educational program that does not receive any
public funding and it is not a non-profit literacy program, then officers are
also to assess whether the program is of demonstrated effectiveness and are to
look for such evidence, as described in more detail below,
Some of the ways a DACA requester can meet the "currently in school"
component of the educational gu ideline for DACA considerati on and ·the
di fferenl types of e~idence that can be submitted, depending on the type of
program in which he/she is enrolled, are discussed St'Parately below. The
examples and typeS of evidence listed here are illustrative, and not ·
exhaustive.
'
Continul!Jl on next page

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App. 0330

C. Determining if Gu. deli'nes are Met, Continued
i
Currentlv in School
Public or Private Elementary, Junior High/Middle School, or High
School/Secondary ,School
High/Middle
Evidence of enrollment in a public or private elementary, junior high/m iddle
School, or High
school, or high schpol/secondary school may include, but are not limited to,
School/Secondary copies of:
·
School
Public or Private
Elementary,
Junior

• Accepted for Enrollment: Evidence of acceptance for enrollment
may include, but is not limited to:
o An acceptance letter on school letterhead from the school's
authorized representative, if the requestor was accepted for
enrollment, but the classes have not yet commenced. Such
acceptance letter is to include ihe name and address of the
school, the requcstor's grade level, and the date that the
classes are scheduled to commence. The letter is to be
accompanied by evidence that the student has registered for
claSses, or other evidence showing the student has accepted
the.offer and has committed to start classes on a certain date;
o A c~rrent individualized education program (IEP), as required
unqer the lndiyiduals with Disabilities Education Act, for a
student with a disability, would also be acceptable evidence of
enrollment;
o A c~py of the current tuition bill;
o A current class schedule containing the student' s name, the list
of courses, and the day and time of each class; or
() Anyother relevant evidence.
• Already Attending Classes: For DACA requcstors already enrolled
and attending classes, evidence may include, but is not limited to,
current school registration cards, current transcripts, report cards, and
progress reports. The document(s) presented are to show the name of
the student;: the name of the school, the time period or semester
covered by the document, and the current grade level. A current IEP
showing the student's progress to date would also be ac-eeptable
evidence th~t the DACA requestor has been accepted for enrollment
and is attending classes.
··
A claim of homeschooling is not necessarily an indicator of fraud; however,
because homeschool programs and their requirements vary widely from state
to state, refer the case to CFDO for further research and evaluation. Even if
the file contains do~umcnts including transcripts, a diploma or a certi licate of
completion as a res'u lt of homeschooling, the case must be referred to CFDO
for further researcl\ and evaluation prior to final adjudication.
·

.

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.

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55

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App. 0331