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)

EXHIBIT 17

App. 0806

<!rongrens of Ure lltnifeh ~fates
11masqingtnn, ilat 20515
August 29, 2014
The Honorable Jeh Johnson
Secretary
Department of Homeland Security
3801 Nebraska Avenue, N.W.
Washington, D.C. 20528
Dear Secretary Johnson:
We write regarding the Deferred Action for Childhood Arrivals (DACA)
program. In June, U.S. Citizenship and Immigration Services (USCIS) published on its
website a revised version of the Frequently Asked Questions (FAQs) designed to detail
the process for renewal of existing DACA status and for initial DACA filings. But the
ambiguity and changes to the program in the revised FAQs actually raise more questions
than they answer.
Since the initial announcement regarding DACA, we as the Chairman of the
House Judiciary Committee and the Ranking Member of the Senate Judiciary Committee,
have written several letters to your Department requesting data and general information
about DACA. We have rarely received substantive responses. Congress is entitled to
know how this administration is managing the program and to whom it is providing
lawful status.
We expect that your pledge of a "higher obligation to the law, to the Constitution
and the laws duly enacted by this Congress" will mark a different era in which our letters
and other inquiries receive timely and substantive responses from your Department.
Your Department did inform us that just 147 DACA applications have been
terminated since DACA began. Some of the questions below reflect our request for
additional information surrounding the terminations, in hopes of learning who is
obtaining DACA, who should not be obtaining DACA and how policies can be improved
to root out fraud and abuse.
Of particular concern is FAQ 21 which provides an open invitation for fraud and
abuse by assuring potential DACA applicants that USCIS has no plans to actually verify
the validity of any evidentiary documents submitted in support of an application. With
users not regularly verifying the validity of the documentary evidence provided to it,
applicants will undoubtedly take advantage of this fraud loophole. The American people
deserve to understand why their own government would be encouraging fraud and
potentially even helping some who want to do us harm game the system in order to do so.
We understand that on a June 5, 2014, conference call with Congressional staff, a USCIS
employee stated that, "generally the majority of documents we receive are valid." Please
forgive us if that simple "assurance" does not quell our concerns about the very real
prevalence of fraud in immigration benefits applications.

PRINTED ON RECYCLED PAPER

App. 0807

The Honorable Jeh Johnson
August 29, 2014
Page 2
employee stated that, "generally the majority of documents we receive are valid." Please
forgive us if that simple "assurance" does not quell our concerns about the very real
prevalence of fraud in immigration benefits applications.
Validating documentary evidence submitted in support of an application for
immigration benefits is especially important in light of the President's threat to
administratively legalize millions of currently unlawful immigrants.
Please provide answers to the flowing questions and number each answer with the
number of the corresponding question:
1) Data:

a. How many DACA applications have been approved to date?
b. How many DACA applications have been denied to date?
c. How many DACA applications have been rejected to date? Please explain
the various reasons why applications are rejected.
d. How many times, to date, has DACA status been terminated? Please list
the specific reasons for each termination.
e. Of the total number of DACA terminations, how many were terminated on
the grounds that the applicant was a member of a criminal alien gang
(such as MS-13) or participated in the activities of a criminal alien gang?
f. Of the total number of DACA terminations, how many were terminated on
criminal activity grounds? Please break these out as to felonies,
significant misdemeanors and other misdemeanors.
g. Of the total number ofDACA terminations, how many of those
individuals remain in the United States? What is their status? How many
have been removed?
h. How many DACA recipients have applied for advance parole?
1.
How many DACA recipients have received advance parole?
J. How many DACA recipients have been denied advance parole?
k. For each advance parole approval, what purposes has advance parole been
approved for DACA recipients and how many grants were based on each
purpose?
1. How many DACA recipients who have received advance parole
subsequently applied for lawful permanent resident (LPR) status? Of the
number who have applied for LPR, how many have received such status?
m. How many DACA recipients have no legal status because of a visa
overstay?
n. How many individuals who have had their status terminated in SEVIS
have been granted DACA? For each, what was the reason for their

App. 0808

The Honorable Jeh Johnson
August 29, 2014
Page 3
terminated student visa status? What process do adjudicators follow when
an applicant's status is terminated?
o. Please provide a chart that breaks down the number of DACA recipients
according to country of origin.
p. How many DACA recipients are currently enrolled in public school?
Private school? Elementary school? Junior high or middle school? High
school? An alternative program? Home schooled?
q. How many DACA recipients have been denied employment
authorization?
2) What immigration benefit categories are currently being adjudicated by USCIS
adjudicators who will be responsible for adjudicating DACA renewals?
3) Please provide the definition of "alternative program" as stated in FAQ 33, and
the rationale for expanding the education requirement to include this type of
program.
4) On what date did DHS initially contact the Department of Education about the
need for a definition for "alternative program?"
5) Please provide any communications between DHS and the Department of
Education regarding the concept of and definition of "alternative program."
6) Will English as a Second Language, and other programs for which DACA
eligibility exists, include programs that last only one or two weeks or a matter of
days?
7) What standard will adjudicators be given to assess the alternative, literacy or
language programs? Will such programs be required to be certified, which is the
case for inclusion in the Student Exchange and Visitor Program?
8) How many DACA applicants with felony criminal convictions, as defined in
FAQ 58, have been granted DACA because the "totality of circumstances"
waiver ability set out in FAQ 59 has been utilized?
9) Will Congress be briefed about the revised standards for filing of advance parole
by DACA applicants prior to the revisions being implemented?
10) Will there be any exceptions to the limitations set out in FAQ 54 for a DACA
applicant or recipient to receive advance parole?
11) Please provide a complete list of situations in which a person was granted
advance parole for humanitarian purposes.
12) Does USCIS investigate whether a DACA applicant's diploma was awarded by a
diploma mill or was otherwise illegitimately earned? If so, explain how.
13) How many cases of diploma mills and/or illegitimate school enrollments by
DACA applicants, if any, has USCIS discovered? How many were discovered
post-adjudication?
14) Is DACA terminated ifthe recipient is found to have been enrolled at an
illegitimate school or provided evidence from a diploma mill?

App. 0809

The Honorable Jeh Johnson
August 29, 2014
Page 4
15) In FAQ 21, and during a June 5, 2014, conference call with congressional staff,
USCIS has emphasized the fact that the validity of documentary evidence
submitted in support of a DACA application is not routinely verified by
government officials. Did you approve including FAQ 21, which clearly
announces to applicants that documents, facts, and statements are not routinely
verified with educational institutions, other government entities, or employers, in
the USCIS materials? Why was this included in the FAQs?
16) What actions are taken if DHS finds out that a criminal alien gang member has
received DACA? Is the individual issued a Notice of Intent to Terminate and
then allowed time to rebut the criminal gang affiliation?
17) Has USCIS ever allowed an applicant or recipient of DACA to renounce their
gang member affiliation in order to receive deferred action?
18) Please explain the interagency cooperation between USCIS and Immigration and
Customs Enforcement (ICE) when a DACA recipient has DACA terminated or
has committed actions making the individuals eligible for termination.
19) Please explain the interagency cooperation between USCIS and the Federal
Bureau of Investigation when a DACA recipient is the subject of an FBI
investigation.
20) Does USCIS share information in a DACA application with law enforcement
agencies or officials, upon request, even if the application is pending?
21) In order to initially obtain DACA, an alien must show that he or she is enrolled
in "a public, or charter elementary school, a junior high or middle school, high
school or secondary school; alternative program, or homeschool program
meeting state requirements." Will all DACA renewal applications be required to
submit evidence showing that they remain enrolled in, or have actually
completed, the educational program in which they stated they were enrolled for
the purposes of obtaining the initial DACA grant? If not, why not? If so, how
will USCIS verify the enrollment or completion?
22) An alien can have a criminal record and still receive DACA. Please provide a
list of all crimes of which DACA recipients have been convicted and how many
DACA recipients have been convicted of each of those crimes.
23) What is USCIS' policy regarding DACA termination for an individual who has,
subsequent to the DACA grant, been convicted of a felony?
24) The current DACA fee is $465.00, but that consists of the normal $380 fee to
cover the I-765 Application for Employment Authorization processing and the
standard $85.00 biometric fee. What funds are used to cover the processing of
the form I-821D Consideration of Deferred Action for Childhood Arrivals?
25) Please provide a list of each document that has been deemed acceptable for
purposes of showing continuous presence, lack of a criminal history, illegal

App. 0810

The Honorable Jeh Johnson
August 29, 2014
Page 5
presence prior to June 15, 2012, illegal entrance prior to age 16, physical
presence in the U.S. as of June 15, 2012, and attainment of the education
requirements for DACA.
We ask that you provide answers by September 19, 2014. Please contact Kathy
Nuebel with Ranking Member Grassley at [phone] or Andrea Loving with
Chairman Goodlatte at [phone] should you have any questions. We appreciate in
advance your cooperation and your prompt attention to this matter.

Bob Goodlatte
Chairman
House Judiciary Committee

Charles E. Grassley
Ranking Member
Senate Judiciary Committee

App. 0811