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)

Evidence of CR and Presence on 6/15/12 (Continued)
Memberships

Military -Records
Additional
Documents

•

Official records from a religious entity in the United States confirming
the requestor's participation in or attendance at a religious ceremony,
rite, or passage (e.g., baptism, first communion, wedding, etc.).
•
Documentation showin membershi in communit or . e .. Scouts .
Military records (e.g., certificate of discha·rge, military · ersonnel records; or
p
militar health records .
Additional documents to support the requester's claim may include:
Money order receipts for money sent in or out o~ the country;
•
•
Passport entries;
•
Birth certificates of children born in the United States;
•
Bank books with dated transactions;
•
Correspondence between the requester and other persons/org.;
e
Social Security card;
•
Selective Service card;- · - --- Automobile license receipts, title, vehicle registration, etC;
•
•
Deeds; mortgages, contracts to which requestor has been a party;
•
Tax receipts;
•
Insurance policies, receipts, or postmarked letters; and/or
Any other relevant document.

47
FOUO - Law Enforcement Sensitive

App. 0460

Applying the DACA Guidelines - Education
Basic Educational Guidelines
The educational guideline for DACA can be met in a number of
different ways . . The requester can show that he/she:
• Is currently in _
school;
• Has graduated from high school; or
• Has obtained a certificate of completion from high school or a
General Educational Development (GED) certificate.
.

.

48

U.S: Citizenship

.

.in d ln1n1igratiun
.
,)erv1ccs "'
(

FOLIO - Law Enforcement Sensitive

App. 0461

Applying the DACA Guidelines - Education (Continued)
Homeschooling
A claim of homeschooling is not, in and of itself, 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 evidence including .transcripts, diplomas, or
certificates of completion received as a result of homeschooling, the
case must be referred to CFDO for further research and evaluation,
prior to final adjudication .

-1
'

•

:
7
".,_;;-~-

U.S. Clti1~:n~;hip
a.11d frnnllpr,Hion
Service'." '~

49
. FOUO - Law Enforcement Sensitive

App. 0462

Applying the DACA Guidelines - Educ· tion (Continued)
a
Currently in School
The DACA requester can be enrolled in:
1.~,__,...

c - . . ,,.

---

1
...

· A--publiG/private ~elementary

secondary school;
ii

school, junior-high . or- .middle sc.hool, high school, or
·
·

An education, literacy, or career training program (including vocational training or an
English as a Second Language (ESL) course);

• An education program assisting students either in obtaining a regular high school
diploma or its recognized equivalent under State law (including a certificate of
completion, certificate of attendance, or alternate award}, or in passing a GED exam
or other equivalent State-authorized exam; or
• A .public·or private college or university or a community college.

S ('-i4"·?.C,I S·l·11•.p
ll "''I
and Innrligr<1tion

50 ·

T.T

1...1. '· • ·-,

Services

FOUO - law Enforcement Sensitive

App. 0463

Applying the DACA Guidelines .- Education (Continued)
School Breaks and Medical Leave
School Breaks : When the DACA requestor files the DACA request, it is
possible that school may not be in session due to a holiday or a semester (or
· ·:··· ·· quatter~6r trimeslerfbreEik. ·· ·-·.. · · - · - ··."' -·, -··~ - - ·· ·· ..,, ,_ · · .- ..-·,.....-.· ·-··..·- -..._ _·-·-·~ --· -~~ --.-···. .-...~. · ...... ·---""'
·-.
-..
• A break may occur during a course, for example spring break, or it may OCC?Ur
between semesters, for example summer break.
•

If~

DACA request is .filed between semesters, the requester is considered to be
currently in school if he/she is enrolled for the next semester and submits eyidence
of such enrollment.

Medical. Leave: ..,Note that a DACA requester on temporary medical leave
from school is. considered to be currently in school. Evidenc.e of th. medica.
e
1
leave and the expected return date to school are to be provided.

U.S. Citizens.hip
I
.
:
<:111(1 lTlll11VfJtlOll
Services ·"

. 51

l

FOLIO - Law Enforcement Sensitive

App. 0464

Applying the DACA Guidelines - Education (Continued)
Enrollment in Personal Enrichment or Recreational Classes

.... -,.,..~ ..., ·-A--DACA.·r.equestor whoM.is--enroUed .-in . a--persoria.I 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.

~

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. . .... _... .._,. .

• •• · • •

.: - -:. ·o l._ ~ ..,..

.

...

.. ..,.,

- · ~ -·

52

U.S. Cit il.enship
ancl [nrm1Frar.inn
r•
,)e.rv ice~:

·•

o

FOUO - Law Enforcement Sensitive

App. 0465

- ·.,.- . .

.

Applying the DACA Guidelines - Education (Continued)
Enrollment in On-Line Classes
11

,_, ••• •-••••• , ... ,_ C..
•
••

Evidence of enrollment in on-line courses is acceptable.

-'=•=>· 0-ffi.ce. r-s,.,sflould~·focHS···OA -tne- sch ooh·· not-~the--·m ed i

um-·_,... ,-~~=,-. ,. ~,-~.-~.,.,.--,., '""._.,.,~.,~,-~=-~· -~-- ·•· ·
. ,.
...

..

• It is not uncommon for students to be enrolled in online courses.
• Officers· should focus on the completeness, credibility, · relevance,
and sufficiency of the evidence to see if it is germane.

!J.S. CHizcnshi p
::rnd lnn11 hrr;iticn
....
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53
FOUO - Law Enforcement Sensitive

App. 0466

Appl. ing the DACA Guic;telines - Education (Continued)
y
Primary/Middle/Secondary Schoo/ - .A ccepted for Enrollment
Evidence of acceptance for enrollment may include, but is not limited to:
., ... _ -·.... ... . ... ·An..·atcepta-rrce..·1ettert>n·.Jschool Jette-rhe-ad-n·om the··st~ho.ol's- auth6rized ~'-:-·~~·-·...--,.,. .::.......-.....--w~
·
representative·, if the requestor was accepted for enrollment, but th_ classes have
e
not yet comm~nced.
• Such accept8:nce letter is to include the name.and address of the school, the
requester's grade level, and the date that the classes are scheduled to
commence.
• Such. acceptance 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.
· · ·If the requester has been accepted for enrollment at a private school, evidence
of enrollment, such as paid tuition receipts , is to be included.

U.S. Citi;;.cnship
and Inunigratfon
Ser.· ices

54
FOU_ - Law Enforcement Sensitive
O

App. 0467

...- . ..

o:.~· ' ..

Applying the DACA Guidelines - Education (Continued)

Primary/Middle/Secondary School - Accepted for Enrollment
(Continued) . ..... -.. ....
..
;_

.

. . . ..., • .. - ·r.:. .

~

, , .:.. . _ ,..;•.:. . . .... . ...

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· --·'- ... _:.:;.-. · "' -.:..- ··.... ·-·. -

• A current.individualized.education program (l~P), . as required under the
Individuals with Disabilities Education.Act, for a student with a disability,
would also be acceptable evidence of enrollment;
·
· • A current class schedule containing the student's name, the list of
courses, and the day and time of eacD class; or
· 11

Any other relevant evidence.

55

lJ.S. CH·izcnship

anc! •lnHl11Frai.io1;
'
~-:a

S'"r\· 1 ci--•·

t

'--

-

-·'

FOLIO - Law Enforcement Sensitive

App. 0468

.,. . . .. - . · -

Applying the DACA Guidelines - Education (Continued)
Primary/Middle/Secondary School - Attending Classes
DACA requestors already enrolled and.attending classes may submit:
• Current school registration cards,
.. ,..-.

·-···· -

·:-:·· .. =··- -

o

-

• Current transcripts;
• Report cards; or
• Progress reports.

The document(s) presented are to show the ·name·of the student, the ·name. of the
school, the time perioo· or semester covered by th~ docume. t, and the cu rrent grade
n
level. ·
A current IEP. showing .the student's progress·to date would also be acceptable
evidence that the DACA requestor has been accepted for enrollment and is attending
classes.
,

56

U.S. Ci ri1c.11ship
and hnniigraJion

•

Se.rv ices

FOUO - law Enforcement Sensitive

App. 0469

•

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0

0

L .

•

•

•

Applying the DACA Guidelines - Education (Continued)
GED
To show "currently in school" based on enrollment in a class for a GED or
other equivalent State-authorized exam, look for a letter or other document
-=·-<i•r ~··· · ,·~from·-an, authorized·,T epresentative of-the -program, that includes information
such as: .
·
• The requesto. 's name and date of enrollment;
r
• The duration of the program .and expected completion date;
· • Whether the course of study is for or a GED exam· or other equivalent Stateauthorized exam;
· · -~- - ~ -.--.. . ~

The

pro· ram's· source ·ofpublic ·furiding· (Federal, State; county, or municipal), if any;
g

and
· • The program's authorized representative's contact information.

57

l J. S. Citi zcn ship
and 1Inn1 igratior1

Services

FOUO-Law Enforcement Sensitive

App. 0470

Applying the DACA Guidelines - Education (Continued)
GED (Continued)

•

If the GED/Equivalency program is .not publicly funded in whole or in .part,
documentation from the program is also to provide information about its
is not •r.""·•-•'"' ••. .,.,.:"" . .
demonstrated effectiveness. Such information could include, but ,..._.:.-.r.·-,.. ..... limited. to:
.. • • ••

11

.

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,,

• ., ....·•

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•

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..._, .. ,.,.-::.,.. ...... :-.i:t'"• • ., .,.....
.

· • · ··~-~ ~· ~ .:-.-:. ~..:.~·..:..:... .- ~ ·-o.....:, - • • ·.-. :.~-..

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·

- a··-.· --··.:• ·.-. · - :.••
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The duration of the program's existence;

"' The program's track record in assisting students in obtaining a GED, or a
recognized equivalent certificate;
11

Receipt of awards or special achievement or recognition that indicate the
program's overall quality; and/or .

• Any other information indicating the program's overall quality.

l .
...,~ t"'' •
U•" ....."II:1zcns1np

anci .
l111n1j~11-.1l ion
,-:.
, crv1ces
S

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

58
FOUO - Law Enforcement Sensitive

App. 0471

Applying the DACA Guidelines - Education (Continued)
Public or Private College or University, or Community College Accepted for Enrollment
· ... - :--·--'"-.. Evidence~·of ·enrollment . in a·public-·or private college or university ora
...
community college may include, but is not limited to:
• An acceptance package and related materials.on school letterhead from the
n
school's authorized representative, if the requestor was accepted for e· rollment,
but the classes have not yet commenced.

.

.

., - . .

~-

• Such acceptance package is to include the name and address of the school, the
requestor's grade level or class year, and the· date or term when the classes are
,,
....
scheduled to commence.
• Such acceptance package 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.
'·

lT. .). t... li ·i zcnsn rp
,., .-. . .
' .

and

59

Jni111i~r<:..rion

Service:.;

··

FOUO - Law Enforcement Sensitive

App. 0472

Applying the DACA Guidelines - Education (Continued)

Public or Private College or University, or Community College - .
:

---

•

•

•

#

.-

•

-~~~,ep~ed ft?[ ~n~~!l~_~n,~ (q<.?~~~~.'!-~.<!l

-·-···· _....... ·---·· ·..... . ........... ·----.· ·-·-·-· _. .. . .... ~.-- ·-· -···____ . ...
..

Evidence of acceptance for enrollment can also include:
•· A current individualized education program (IEP), as required under the
· Individuals with Disabilities Education Act, for a student with a disability;
11

A copy of the student's current tuition bill;

• The student's current class schedule containing the list of courses, and the day
and time of each class; or .·
111

Any other relevant evidence .

I

~
•

-- . ~ U.S. Cir·i7.enship
:1) and 1rnn1igra.t t(lfl

--

~ Services

.

60
FOUO - Law Enforcement Sensitive

App. 0473

Applying the DACA Guidelines - Education (Continued)
Public or Private College or University, or Community College Attending Classes:
· "···:·-=·,,.~=~ Fer- . QA. A..
C .,requestor-s. already<
enrolled ~-and attending"·classes,

evidence-may.-include,,,_,. __,·

but is not limited to:
• Current school registration cards;
• Current transcripts;
• Report cards;_or
• 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 · urrent grade
c
level or class year.

U.S. Cir i ·1.cn ~, h·i n
~lld ! n1n1Jgr JJi'on
!)erv1ces

61
FOUO - Law Enforcement Sensitive

App. 0474

-.:

Applying the DACA.Guidelines - Education (Contin ued)
Public or Private College or University, or. Community College .
Attending Classes (Continued):
A current IEP showing the student's progress to date would also be

···· -· ·· ·· acceptable·
·

·evicfehc --oren
~e

r-oH me"fif'Ei'r1.d alte'nd

.1ass· s.
e

rn-~fc

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. _;.-:- -. -.. .

~· ·:-.··. -~·.·~~.,,. ·--"<· ~.,-_- ..·,~-=,..._,~-·-·· ""'.· . ~
..

It is not necessary to RFE for a copy of the high school diploma or GED,
unless there are articulable-reasons to question. the evidence of acceptance
and enrollment or attendance in a public or private college or university, or
community college.

62
FOUO - Law Enforcement Sensitive

App. 0475

Applying the DACA Guidelines - Education (Continued)
Alternative Educational Programs
DACA requestors can show they are currently in school by enrolling in/attending an
alternative education program.
,._,~-·-"·'·:~, .Differ:ent.guidel.i.nes..,apply.;-,.dependin.g ...
on~.the ..ty.p. <
e otpr:o.gram

and .whether .the .program.

is publicly or privately funded.

Pu blic funding can be in whole or in part and can be:
• Federal;
• State;
111

County; and/or

11

Municipal. ·

If the program.is not publicly funded, "it must show its demonstrated
.effectiveness.
• ·Doesn't apply to non-profit literacy programs.

63

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<.;

FOUO - Law Enforcement Sensitive

App. 0476

Applying the DACA Guidelines - Education (Continued)
Alternative Educational Programs (Continued)
Type of
Program

Alternative Educational Programs - Funding/Effectiveness
Non-Profit
Public Funding (in whole
Demonstrated Effectiveness - Required for
Status
or in part)
each program that is not publicly funded.
(Does not apply to non-profit literacy
- -·· ·· . __ ._, ......., ,.,_•....,,_=. ·--~-- .. ~---- '"""'~- -- · · ··• ... · ~ ......, . ...,.. ~ -- ~•.,....., ,, pro·grams): ,;_..., ~ ....... ·'"""·-· ~'"'·'"'"··-.__... ,,_ ,-..~~·-.,.->:"'·"'" ' .,_"·" ···"· .•:......;_,, '"""' · "· · ' ··~
r

ESL

N/A

Letter from the ESL program
administrator or authorized
representative providing basic
details about the source(s) of
funding.

~*-*-L-~-e-ra_c_y~~~A~co_p_y_o~t~t-h_e_IR-S~~lf--n-ot_t_a_x_e_x_e_m_p_t.-b-u_t_p_u_b_lic-ly~~
.

letter confirming
tax exempt status
under 501 (c)(3)
I

.~

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t

-

Career
Training and
Vo-Tech

N/A

funded, a letter from the program
administrator providing basic
details about the source(s) of
· .funding .
..· ..... ~
Letter from the school registrar or
authorized school representative .
providing basic details about the
source(s) of public funding.

..

.. , • • , .

The program administrator or authorized representative is
to provide .information about the program's demonst rated
effectiveness. Such information could include, but is not
limited to :
•
The duration of the program's existence;
• · The program's track record in placing students in
. pos~seconda~educat~n.jobtraining,or

•
·• ·

employment;
Receipt of awards or special achievement or
recognition that indicate the program's overall quality;
and/or
Any other information indicating the program's overall
quality.

** Refer the case to CFDO if enrolled in a literacy p ro gram
run by a for-profit entity.

64
FOUO - Law Enforcement Sensitive

App. 0477

Applying t'he DACA Guidelines - Education (Continued)
Alternative Educational Programs - Evidence of Acceptance for Enrollment or Attending Classes

Enrolled in/Attending Literacy or ESL Program
A letter from the program administrator or authorized representative providing information such

ESL

as:
• ... TnEfrequestor's na'me; ...
•
•
•

Career Training and VoTech

··
• ·• oo- r o,.,.

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..... . .

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·.·.......

·--· .

..._

Date of enrollment;
Duration of the ESL program and expected end date;
The program admin/auth. Rep's contact info.

Accepted for Enrollment
An acceptance letter on school-letterhead from
the school registrar/authorized school
representative. Letter is to include: name and
.
. . ·
address oft.he program, a .b rief description of
• the program, the duration of the program, the

.... .. ,. , ..,.. , , .... .. . , .. .....

•• _ ... . ....... .:;...••.• - ....... " 4""

date. classes will begin, .ll'(ith evidence.of

Attending Classes
•
Current attendance records
•
Transcripts
•
Report cards
•
Test reports
··
•
Progress repo11s

· ·· •--Documents are to sho·w ·the name of the school,

registration .

the name of the requester, the time period or
semester covered by the document, and, if

Evidence of acceptance for enrollment may also

relevant, the current educational or grade level.

include a copy of the current year registration
(intake form/enrollment form), or any other
relevant documentation.

65

YJ.~~. C itiZCl'bbj F

and Trrrn1i < i:::.Ue:n
!
St:f\lld' S .. ..

FOUO - Law Enforcement Sensitive

App. 0478

... .

~

_ ... .;_,, ___ .... . .

Applying the DACA Guidelines - Education (Continued)
Graduated from School

Evidence of "graduated from .school" may include copies of:
• A diploma;
11

11

Transcripts showing the date.of graduation; or
·A GED Certificate, certificate of completion, certificate of att_ ndance,
e
or alternate award from a public or private high school/secondary
school .

.--.~ · -.~·-Evidence · 0f.· GEIJ-.0r·· equivalent eertific-ate~ +ncludes, but--is·· not lim·ited to :
~

Passed a GED exam; or

• Other comparable State-authorized exam resulting in the issuance of a recognized
equivalent of a regular high school diploma under State law .
!

)

~

•

-..,;;:::::-

._...

66

. U.S. Ciri7enshi.p
and .
lnnnigr.1tio11
,,
,.)Cr VlCt:.S

·FOUO - Law Enforcement Sensitive

App. 0479

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App. 0480

Interim Review
Fact Pattern:
The requester is 19 years old and indicated that she went to a U.S.
high school for 2 years and was then homeschooled. She submitted:
:.~.,..
_,~_,,.~ ....---.=- .._. .••.·.·~ G
,
·ep1es··or= h····sc hooI., .transcnp tS"Shew1ng··a···en d-aflC~'"" ·h er:..·~.,._,_·~'~'·-·~-~ . ~~-·--·""·...._··-=-,--=,,--·--·;
n1g
.
1f>r ·
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.
.
tt ·
.
freshman and sophomore years (2007-2009)
·
• 2 affidavits indicating she was homeschooled until last year
• A receipt indicating enrollment in an ESL course to start next we~k ·

Questions for Discussion:
• .Did the requestor meet ·the "education" guideline? Explain.
.. . - ···"'

"

.

. ....... _
.

-

• Does this case require a referral to CFDO?

.
.1 Ll7 Cn\; l llp

"fl (" ('. . .
\., . ...
>.

and .
Innni~.;r~1tinn
Serv1ces

FOUO - Law Enforcement Sensitive

68

App. 0481

•• ~~· ....

l

-· · · -

Applying the DACA Guidelines - Honorable
Military Discharge
As an alternative to showing that he/she is currently in school or has
graduated from school, a DACA requestor can meet the Secretary's.
guideHnes· by showing -that he/she is an honorably discharged veteran of the

--, .,.·-···· U.S. ·arill°ed~-"fo.rces. O'r~ O·~ S~ ·Coa.st ·Guara·~· ··:-·=···.-·... "-.··- ~~~,.~~,...,. -... ·.· · -·.. =-~..~·~=··-·~µ~;_~,A~···..-•.,,.....--...~,_·;:·,,... , ...~,, ..
..

J

Examples ·of a.cceptable
discharge include:
11

evide~ce . of honorable

Form 00-214, Certificate of Release or Discharge from Active Duty;
.

11

military/Coast Guard

.

.

.

NGB Form 22, National Guard Report of Separation and Record of Se. vice;
r

• Military personnel records;
Iii

Military health records; or ·
•

11

A military health record will indicate branch of service, but not the character of the service member's discharge;

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Any other relevant document.
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69
FOUO - Law·Enforcement Sensitive

App. 0482

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Applying the DACA Guidelines - Honorable
Military Discharge (Continued)
The Form DD-214 and NGB Form 22 both contain a section,
"Chara~ter of Service".listing the type of discharge a. service me~be.r .. .
.
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obtained. The main types of discharge include the following:
-

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• Honorable:
• General (under Honorable Conditions);
• Under Other Than Honorable Conditions;
• Bad Conduct;
• Dishonorable; or
• Uncharacterized.
To meet the military guideline, the "Character of Service" must be Honorable or
General (under Honorable Conditions).
0 S. Citi:1.cnsh1~)
and Tn1rni~l1-.:ni on
Scrv .
,
ices '

70

1

FOUO - Law Enforcement Sensitive

App. 0483

Ap. lying the DACA Guidelines - Issues of Criminality,
p
Public Safety and National Security
Under the Secretary's guidelines, removal will not be deferred under DACA
when the requester:
• -Has be. n convicted of a felony ·offense, a significant misdemeanor
e
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; or
•· Otherwise poses a threat to national security or public safety.
.

.

The guidelines and procedures for cases involving criminal, national
security, and public safety issues are·covered more in depth .later in the
training.
71

U.S. Cili7.Cnsh ip.
and hnmi.gra.tion
Services

FOUO - Law Enforcement Sensitive

App. 0484

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App. 0485

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M9dule Objectives
·The objective of this section is to provide a basi~
understanding of:
• Review primary and secondary evidence;
.
• Understand how to weig_h the totality of .the primary and secondary
evidence when adjudicating a DACA request;
· • Apply the preponderance of the evidence standard in the adjudication
of DACA requests; and,
.

.

.

• Understand which DACA guidel ines can be supported by an affidavit

73
FOUO - Law Enforcement Sensitive

App. 0486

Evaluating the Supporting Evidence
• The requester is to show, by a preponderance of the .evidence, that
he/she meets the guidelines for deferral of removal under DACA.
• Evaluate and weigh the sufficiency of all evidence according to its
_ .r:ele.van.cy,. consistency, and probative value·.
_
• Consider any additional and new facts and/or evidence in response
to an RFE or NOID before rendering a .final determination.

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FOUO - Law Enforcement Sensitive

App. 0487

Standard of Proof: Preponderance of the Evidence
A DACA requester is to establish by a preponderance of the evidence
that he/she meets the guidelines for the exercise of prosecutorial
discretion in the form of deferred action .
.. Under this · tariaard, ·th_ ·reqfie· tot ·mcfsrc:femoii$trate-that ir-i"s·Yrfore··-·· -~~···:··. . ,_....__.,_. ·
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likely than not that he or she meets those g·uidelines.
e
The preponderance of the evidence standard is a lower standard ·of
pro.of than both the ."clear and convincing evidence" standard and
the "beyond a reasonable doubt" standard applicable to criminal
cases.
0
- • More likely than not means probable, in other words, 51_ or more.
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FOUO - Law Enforcement Sensitive

App. 0488

Primary Evidence

Primary evidence is evidence which, on its face, proves a fact.
• ·In the DACA context,.an···ex· m·pl€f ofprimary evid.e ncethat ·a
s
could ·be.submitted to sati_ fy the age guideline would be a birth
certificate.
· • - example of primary evidence that could be submitted to
An·
satisfy all or part of ~he CR .guideline would be scho~I records.

U.S. Ci tizcnshi p
and lnnnigratinn
Services

76
FOUO - Law Enforcement Sensitive

App. 0489