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 29

App. 0976

U.S. Department of Homeland Security
U.S. C itizenship and lmmignttion Services
Office ofthe Director (MS 2000)
Washington, DC 20529-2000

U.S. Citizenship
and Immigration
Services

OCT 0 9 2014
The Honorable Charles Grassley
Ranking Member.
Committee on the Judiciary
United States Senate
Washington, DC 20510
Dear Senator Grassley:
Thank you for your August 29, 2014letter to Secretary Johnson requesting information about the
Deferred Action for Childhood Arrivals program implemented by U.S. Citizenship and
Immigration Services. I was asked to respond to you directly.
I appreciate the opportunity to respond to your request for data and your questions regarding the
program. In Enclosure 1, to the extent possible in light of limitations on data availability as
described therein, you will find detailed responses to your questions.
Thank you again for your letter and your interest in this important matter. A separate, identical
response will be sent to Chairman Goodlatte, who cosigned your letter. Should you wish to
discuss this further, please do not hesitate to contact me.
Respectfully,

Enclosures

www.uscis.gov

App. 0977

Enclosure 1

Department of Homeland Security Responses to Chairman Goodlatte and Senator
Grassley Regarding the Deferred Action for Childhood Arrivals (DACA) Program
1) Data
a. How many DACA applications have been approved to date?
From August 15, 2012, through July 31, 2014, USCIS approved 591,555
requests for DACA (Form I-821D, Consideration of Deferred Action for
Childhood Arrivals), including 591,362 initial requests and 193 requests for
renewal.

b. How many DACA applications have been denied to date?
From August 15, 2012, through July 31, 2014, USCIS denied 26,130 requests
for DACA, including 26,128 initial requests and 2 requests for renewal.

c. How many DACA applications have been rejected to date? Please explain
the various reasons why applications are rejected.
Beginning August 15, 2012, requests for deferred action under the DACA
program have been filed with the USCIS Lockbox facility. From August 15,
2012, through August 31, 2014, USCIS rejected 42,906 requests for DACA
(Form I-821D). The top 4 rejection reasons are as follows:
• Using an expired version of the Form I-821D
• Failure to provide a valid signature
• Failure to file the Form I-765, Application for Employment
Authorization, failure to provide the correct fee associated with that
form, or filing an incomplete Form I-765 with the Form I-821D
• Filing while under the age of 15

d. How many times, to date, has DACA status been terminated? Please list
the specific reasons for each termination.
DACA does not confer any lawful immigration status. Deferred action, for any
reason, is an exercise of prosecutorial discretion to defer removal action
against an individual for a certain period of time. USCIS guidance provides
that DACA can be terminated at any time, with or without a Notice oflntent to
Terminate, at DHS's discretion. Some examples of reasons to terminate
include, but are not limited to: approval in error, fraud, conviction of a
disqualifying offense, and posing a threat to national security or public safety.
Generally, USCIS will issue a Notice of Intent to Terminate DACA before
issuing a Termination Notice. However, DACA terminates automatically as of

App. 0978

the date that U.S. Immigration and Customs Enforcement (ICE) or U.S.
Customs and Border Protection (CBP) issue a Notice to Appear (NTA) for
removal proceedings. USCIS notifies DACA recipients of the automatic
termination by issuing a Notice of Action informing the individual that his or
her DACA is terminated as of the date the NTA was issued. DACA also
terminates automatically as of the date of departure if an individual travels
outside of the United States (on or after August 15, 2012) without advance
parole.
As of August 31, 2014, USCIS has terminated 113 1 DACA cases based on the
following reasons:
• Issuance of an NTA by U.S. Immigration and Customs Enforcement
(ICE) or U.S. Customs and Border Protection (CBP)- 68 cases
• DUI conviction- 11 cases
• USC IS error (e.g., upon further review, USC IS determined the requestor
did not satisfY all DACA guidelines at the time of filing) - 11 cases
• Felony conviction - 5 cases
• Acquired lawful status - 5 cases
• ICE enforcement priority (not including issuance of an NTA or
deportation after DACA approval) - 4 cases
• Drug-related conviction - 3 cases
• Significant misdemeanor conviction (other than DUI) 2 cases
• Deportation after DACA approval- 1 case
• International travel without advance parole 1 case
• Aggravated assault conviction 1 case
• Gang membership/public safety - 1 case
e. Of the total number ofDACA 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?
As of August 31, 2014, one case has been terminated on the grounds that the
DACA recipient was a member of a criminal street gang. A favorable exercise
of discretion would not be extended to a member of a criminal street gang.

1

Based upon its records, USCIS initially determined that 147 DACA cases had been terminated. (The number 147
was also shared in Director Rodriguez's July 29, 2014 testimony before the House Judiciary Committee). USCIS
has subsequently determined the number of 147 was inaccurate because USCIS had recorded 34 of these cases as
"terminations" in error within USCIS systems, leaving a total of 113 terminations. Of the 34 cases, 10 cases were
approved, ll acquired lawful immigration status through other means, and 13 were denied.

2

App. 0979

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.
USCIS has terminated DACA cases according to the following criminal
grounds:
• 11 cases were terminated due to DUI convictions (significant
misdemeanor)
• 2 were terminated due to other significant misdemeanor convictions
• 3 cases were terminated due to disqualifYing drug-related convictions
(felony)
• 1 case was terminated due to an aggravated assault conviction (felony)
• 5 cases were terminated due to other felony convictions

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?
Pursuant to an ICE ERO review completed on September 17, 20 14 of a
USCIS-provided list of 113 alien file numbers reflecting DACA terminations:
o 21 of these aliens were removed in FY13 and FY14YTD.
o 92 aliens remain in the United States.
• 56 are currently non-detained pending a final order of removal.
• 7 are currently non-detained with a final order of removal.
• 3 are currently detained and are all pending a final order of
removal.
• 21 were identified by USCIS as a DACA termination but to date,
ICE systems do not reflect any subsequent action taken.
• 5 acquired lawful status

h. How many DACA recipients have applied for advance parole?
As of July 31, 2014, DHS has received 6,458 advance parole applications
(Form I-131, Application for Travel Document) submitted by DACA
recipients.

i. How many DACA recipients have received advance parole?
As of July 31, 2014, DHS has approved 4,000 advance parole applications
submitted by DACA recipients.

j. How many DACA recipients have been denied advance parole?
3

App. 0980

As of July 31, 2014, DHS has denied 566 advance parole applications
submitted by DACA recipients.

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?
DHS does not track this information. However, advance parole may be
granted to DACA recipients if they demonstrate that travel abroad will be for
the following:
• Educational purposes;
• Employment purposes; or
• Humanitarian purposes.
I. 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?
DHS does not track this information for DACA recipients.

m. How many DACA recipients have no legal status because of a visa
overstay?
DHS does not track this information.

n. How many individuals who have had their status terminated in SEVIS
have been granted DACA? For each, what was the reason for their
terminated student visa status? What process do adjudicators follow
when an applicant's status is terminated?
DHS does not track this information.

o. Please provide a chart that breaks down the number of DACA recipients
according to country of origin.
The total number of individuals approved for DACA as of July 31,2014, is
591,362. 2 Enclosure 2 provides a breakdown by country of birth.

2

Please note that this number is lower than the 591,555 total approved DACA requests stated in response to
Question I )a. above because that response also incorporated renewal requests from 193 individuals previously
granted DACA. In order to avoid duplicate counting of individual DACA recipients for this question, we subtracted
the renewals.

4

App. 0981

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?
USCIS does not track this information.

q. How many DACA recipients have been denied employment authorization?
As of July 31, 2014, USCIS has denied 635 applications for employment
authorization (Form 1-765), submitted based on DACA eligibility category
(c)(33).

2) What immigration benefit categories are currently being adjudicated by USCIS
adjudicators who will be responsible for adjudicating DACA renewals?
USCIS uses and shifts its resources as needed to maintain processing times and avoid
backlogs to the extent possible. As USCIS has been hiring and training additional
adjudicators to meet workload demands, some will be initially assigned to adjudicate
DACA requests. Other immigration services officers have been added from the team
located at the Nebraska Service Center that adjudicates Form I-90, Application to
Replace Permanent Resident Card, and from the team at the Texas Service Center
that adjudicates Form I-129F, Petition for Alien Fiance(e), and Form 1-130, Petition
for Alien Relative.

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.
An alternative school or program addresses the needs of students that typically cannot
be met in a regular school program either as (i) a stand-alone elementary or secondary
school or (ii) a program adjunct to or within a school. The school or program
provides nontraditional education and falls outside ofthe categories of regular
education, special education, or vocational education.

4) On what date did DHS initially contact the Department of Education about the
need for a definition for "alternative program"?
DHS and the Department of Education have been partnering together since 2012 on
the development of the DHS education guidelines related to the DACA program,
including the understanding of the use ofthe term "alternative program."

5) Please provide any communications between DHS and the Department of
Education regarding the concept of and definition of "alternative program."
5

App. 0982

As noted above, DHS and the Department of Education have had multiple discussions
regarding the use of the term "alternative program" in order to reach an agreed-upon
definition.

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?
There is no minimum length requirement. To be considered "currently in school"
under the DACA guidelines, at the time of filing the DACA request an individual
must be in:
• a public, private, or charter elementary school, junior high school or middle
school, high school, secondary school, alternative program, or homeschool
program meeting state requirements;
• an education, literacy, or career training program (including vocational
training) that has a purpose of improving literacy, mathematics, or English or is
designed to lead to placement in postsecondary education, job training, or
employment, and the individual is working toward such placement; or
• an education program assisting students either in:
o 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
o passing a GED exam or other state-authorized exam (e.g., Hi Set or
TASC) in the United States.

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?
Adjudicators will evaluate if a requestor is enrolled in a qualifYing alternative
program by determining whether or not the program addresses student needs that
typically cannot be met in a regular school program either as (i) a stand-alone
elementary or secondary school or (ii) a program adjunct to or within a school. Such
a school or program provides nontraditional education and falls outside of the
categories of regular education, special education, or vocational education.
USCIS adjudicators are instructed that literacy or ESL programs may be acceptable to
meet the "currently in school" guideline for DACA, if they are funded in whole or in
part by Federal, state, county or municipal grants or are administered by a nonprofit,
federally tax exempt organization. If the literacy or ESL program is not publically
funded and not administered by a nonprofit, federally tax exempt organization, then

6

App. 0983

the requestor must show that the program is of demonstrated effectiveness. These
programs are not required to be certified.

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?
As of September 11,2014, DHS has not granted any DACA request from an
individual found to have been convicted of a disqualifYing offense. No exceptional
circumstances have been found to overcome criminal, national security, or public
safety grounds for denial.

9) Will Congress be briefed about the revised standards for filing of advance parole
by DACA applicants prior to the revisions being implemented?
DHS has previously provided information to congressional staff through GovDelivery
as well as teleconferences regarding parameters of the DACA renewal program. We
will be glad to provide further information regarding any changes to the standards for
advance parole filing prior to implementation of such revisions.

lO)Will there be any exceptions to the limitations set out in FAQ 54 for a DACA
applicant or recipient to receive advance parole?
DHS will continue to evaluate the progress of the DACA program and make any
necessary changes to the parameters as appropriate.

ll)Piease provide a complete list of situations in which a person was granted
advance parole for humanitarian purposes.
DHS doe~ not track this information. However, examples of acceptable humanitarian
pu~oses mclude travel to obtain medical treatment, attend funeral services for a
family member, or visit an ailing relative.

12)~oes USCI.s investigate whether a DACA applicant's diploma was awarded b
diploma mill or was otherwise illegitimately earned? If so, explain how.

ya

US~IS .o~cers are trained to identifY educational documents of questionable

:~~:~~~z~=~:~~ea: ~si~~~tiVfidocuments. issued by suspect institutions.

In those
educational credentials are awa~d:~e~;:c~::~: tr :~sf.ects tha~a D~CA requestor's
their validity, the USCIS officer will
~S 1 U l?n or Ot e~tse question
entity that does not ap ear to rovid take appropnate actio~. Specifically, where an
in USCIS's DACA gu~d l' p . e the acceptable educatronal programs described
I e mes or It appears the requestor's credentials were otherwise
7

App. 0984

illegitimately obtained, the immigration services officer will forward the case to a
fraud officer to further investigate the validity of the documents or the institution.

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?
DHS does not track the number ofDACA requests that have been submitted with
educational credentials from questionable institutions. USCIS evaluates each DACA
request on a case-by-case basis to determine whether or not the requestor's
educational credentials meet the guidelines.

14)Is DACA terminated if the recipient is found to have been enrolled at an
illegitimate school or provided evidence from a diploma mill?
lfUSCIS discovers it approved a DACA request in error because the requestor did not
meet the guidelines-including the educational guidelines for initial requests-the
agency may issue a Notice of Intent to Terminate DACA. If the requestor's response
does not overcome the grounds of concern, the DACA would subsequently be
terminated.

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?
FAQ 21 does not signify that USCIS will not routinely verify documents, facts, or
statements with educational institutions. USCIS immigration officers are trained to
evaluate evidence submitted to satisfy the DACA guidelines on a case-by-case basis
and to identify indicators of fraud. USCIS has the authority to contact educational
institutions, government agencies, employers, or other entities in order to verify
information where there is an indication of fraud. DACA requestors are cautioned
that knowingly misrepresenting or failing to disclose facts in an attempt to receive
DACA subjects them to criminal prosecution and possible removal from the United
States.

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?
8

App. 0985

If an egregious public safety concern, such as certain criminal gang activity, arises
after a grant ofDACA, USCIS will refer the case to ICE and follow the procedures
outlined in the November 7, 2011, Notice to Appear memorandum for egregious
public safety cases.
If ICE accepts the case, its issuance of the Notice to Appear will result in automatic
termination ofDACA and the associated employment authorization. IfiCE does not
accept the case, USCIS will reopen the case on a service motion and either issue a
Notice of Intent to Terminate or a Termination Notice, depending on the specific facts
of the case.
If a Notice of Intent to Terminate is issued, and the adverse grounds are not
overcome, USC IS will subsequently issue a Termination Notice. This will indicate
that the DACA and the associated employment authorization are terminated as of the
date of the Termination Notice. USCIS will then refer the case to ICE postadjudication.

17)Has USCIS ever allowed an applicant or recipient of DACA to renounce their
gang member affiliation in order to receive deferred action?
No. If USCIS discovers evidence that a requestor is or has been affiliated with a
gang, US CIS will evaluate the case based on the totality of evidence available to
determine whether the individual poses a threat to public safety. USC IS may conduct
a field interview with a suspected gang member or former gang member in an attempt
to gather additional information. However, if the information available to USCIS
(through background checks, ICE Homeland Security Investigations, and local police)
indicates that a DACA requestor is or has been affiliated with a gang, the requestor
would have to provide compelling evidence to the contrary. The requestor would also
have to show that he or she does not pose a threat to public safety. Simply renouncing
gang affiliation would not be sufficient to overcome public safety concerns.

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.
ICE generally issues a Notice to Appear if it identifies that a DACA recipient has
been convicted of a disqualifying crime or is otherwise an enforcement priority. The
NTA automatically terminates the DACA and the accompanying employment
authorization. ICE will notify USCIS of the NTA so that USCIS may update its
records. USCIS will also inform the DACA recipient of the automatic termination as
of the date that ICE issued the notice.

9

App. 0986

If USCIS identifies that a DACA recipient has committed a criminal action that
potentially warrants termination ofDACA and a NTA has not been issued, USCIS
will send the recipient a Notice of Intent to Terminate. After the 33-day period for a
response expires, USCIS will review the evidence submitted in response to the Notice
of Intent to Terminate , including any response, and determine whether or not to
terminate DACA. IfDACA and the accompanying employment authorization are
terminated, USCIS will notify ICE of the 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.
If US CIS discovers that a DACA requestor is the subject of an FBI investigation,
USCIS will contact the FBI record owner to discuss the impact that processing the
DACA request may have on the investigation.
The FBI may request that USCIS hold the case in abeyance while the investigation is
completed or indicate that the continued processing of the DACA request would not
impede their ongoing investigation. USCIS will take into account all relevant
information prior to determining whether an exercise of prosecutorial discretion is
warranted.

20)Does USCIS share information in a DACA application with law enforcement
agencies or officials, upon request, even if the application is pending?
USCIS will share information in a pending DACA request with national security and
law enforcement agencies, including ICE and CBP, for authorized law enforcement
purposes other than removal, including:
• assistance in the consideration ofDACA;
• identifying or preventing fraudulent claims;
• national security purposes; or
• investigating or prosecuting a criminal offense.
USCIS will provide such information in accordance with relevant privacy,
confidentiality and other disclosure-related laws, regulations, and policies.

2l)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 applicants 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
10

App. 0987

the purposes of obtaining the initial DACA grant? If not, why not? If so, how
will USCIS verify the enrollment of completion?
Individuals who initially received DACA will be considered for renewal unless they
engaged in certain criminal activity, departed the country without the government's
permission, or stopped residing in the United States. DHS recognizes that a variety of
circumstances may have led individuals enrolled in school at the time of their initial
request to stop attending. DHS has determined that such a circumstance does not, by
itself, necessarily merit denying a request to renew DACA.

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.
DHS does not track this information.

23) What is USCIS's policy regarding DACA termination for an individual who has,
subsequent to the DACA grant, been convicted of a felony?
If a recipient is convicted of a felony after the DACA grant, the DACA will be
terminated in one of two ways:
1. If the disqualifying criminal offense is deemed to be an egregious public safety
concern, USCIS will refer the case to ICE and follow the procedures outlined in
the November 7, 2011, Policy Memorandum 602-0050 Revised Guidance for the
Referral of Cases and Issuance of Notices to Appear memorandum for egregious
public safety cases.
If ICE accepts the case, its issuance of the NTA will result in an automatic
termination of DACA and employment authorization. If ICE does not accept the
case, USCIS will reopen the case on a service motion and either issue a Notice of
Intent to Terminate or a Termination Notice, depending on the specific facts of the
case.
If a Notice of Intent to Terminate is issued, the individual has 33 days to respond.
If the adverse grounds are not overcome, USC IS will subsequently issue a
Termination Notice, indicating that the DACA and the associated employment
authorization are terminated as of the date of the notice. US CIS will then refer the
case to ICE post-adjudication.
2. If the disqualifying criminal offense is deemed to be a non-egregious public safety
concern, USCIS will reopen the case on a service motion and either issue a Notice

11

App. 0988

of Intent to Terminate or a Termination Notice, depending on the specific facts of
the case.
If a Notice of Intent to Terminate is issued, and the adverse grounds are not
overcome, USCIS will subsequently issue a Termination Notice. This will
indicate that the DACA and the associated employment authorization are
terminated as of the date of the notice. USCIS will then refer the case to ICE postadjudication.

24)The current DACA fee is $465.00, but that consists of the normal $380 fee to
cover the 1-765 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?
Most ofUSCIS's budgetary resources are derived from fee collections. In managing
the agency's operations, USCIS works to ensure revenue collected is sufficient to
fund the agency's operations. With respect to DACA, total revenue has been
sufficient to fund agency costs.

25)Please provide a list of each document that has been deemed acceptable for
purposes of showing continuous presence, lack of criminal history, illegal
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.
Under the Secretary of Homeland Security's June 15,2012 memorandum, in order to
be considered for DACA, individuals must submit evidence, including supporting
documents, showing that they:
•
•
•
•
•
•

were under the age of31 as of June 15, 2012;
came to the United States before reaching their 16th birthday;
have continuously resided in the United States since June 15, 2007, up to the
present time;
were physically present in the United States on June 15, 2012, and at the time
of making their requests for consideration of deferred action with USCIS;
had no lawful status on June 15, 2012;
are currently in school, have graduated or obtained a certificate of completion
from high school, have obtained a General Educational Development (GED)
certificate, or are an honorably discharged veteran of the Coast Guard or
Armed Forces of the United States; and

12

App. 0989

•

have not been convicted of a felony, significant misdemeanor, three or more
other misdemeanors, and do not otherwise pose a threat to national security or
public safety.

DHS does not track all of the evidence that has been deemed sufficient to meet these
guidelines. Examples of documents that individuals may submit (alone or in
conjunction with other evidence) to demonstrate that they meet these guidelines
include, but are not limited to:
•
•

•

•

•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•

Passport with admission stamp
School records from the U.S. schools they have attended showing the name of
the school and periods of school attendance and the educational or grade level
achieved
School records (such as transcripts or report cards) from the school that they
are currently attending in the United States showing the name of the school and
periods of school attendance and the current educational or grade level
Any Immigration and Naturalization Service or DHS document stating their
date of entry (e.g., Form I-862, Notice to Appear; Form I-94/I-95/I-94W with
authorized stay expiration date)
Travel records
Hospital or medical records
Rent receipts or utility bills
Employment records (pay stubs, W-2 forms, etc.)
Official records from a religious entity confirming participation in a religious
ceremony
Copies of money order receipts for money sent in or out of the country
Birth certificates of children born in the United States
Military records (Form DD-214 or NGB Form 22)
Passport entries
Dated bank transactions
Automobile license receipts or registration
Deeds, mortgages, or rental agreement contracts
Tax receipts
Insurance policies
Final order of exclusion, deportation, or removal issued as of June 15, 2012
A charging document placing individuals into removal proceedings
U.S. high school diploma, certificate of completion, or other alternate award
High school equivalency diploma or certificate recognized under state law
Evidence that the person passed a state-authorized exam, including the GED or
other state-authorized exam (for example, HiSet or TASC) in the United States

Additionally, all DACA requestors who have been arrested for, or charged with, any
felony or misdemeanor in the United States, or a crime in any other country, must submit
13

App. 0990

evidence of the results of the arrests or charges. A felony is defined as a Federal, state, or
local criminal offense punishable by imprisonment for a term exceeding one year. A
misdemeanor is defined as a Federal, state, or local criminal offense for which the
maximum term of imprisonment authorized is one year or less but greater than five days.
If the charges were handled in juvenile court, and the records are from a state with laws
prohibiting their disclosure, this evidence is not required.
If a DACA requestor has ever been arrested for any felony or misdemeanor in the United
States, or a crime in any other country, and no charges were filed, he or she must submit
an original official statement by the arresting agency or a court order confirming that no
charges were filed for each arrest.
If a DACA requestor has ever been charged with or convicted of a felony or
misdemeanor in the United States, or a crime in any other country, he or she must submit
an original or court-certified copy of the complete arrest record and disposition for each
incident. Examples include a conviction and sentencing record, dismissal order, or
acquittal order.
If a DACA requestor has ever had any arrest or conviction vacated, set aside, sealed,
expunged, or otherwise removed from his or her record, the requestor must submit:
•
•

An original or court-certified copy of the court order vacating, setting aside,
sealing, expunging, or otherwise removing the arrest or conviction; or
An original statement from the court that no record exists of the arrest or
conviction.

If the DACA requestor is unable to provide any of the documentation listed above,
the requestor must provide an explanation, including a description of his or her
efforts to obtain such evidence.

14

App. 0991

Enclosure 2
Consideration of Deferred Action for Childhood Arrivals (I-821D)
Initial Application Approvals through July 2014
Country of Birth
MEXICO
EL SALVADOR
GUATEMALA
HONDURAS
PERU
SOUTH KOREA
BRAZIL
COLOMBIA
ECUADOR
PHILIPPINES
ARGENTINA
JAMAICA
INDIA
VENEZUELA
DOMINICAN REPUBLIC
TRINIDAD AND TOBAGO
BOLIVIA
COSTA RICA
URUGUAY
CHILE
PAKISTAN
POLAND
NICARAGUA
GUYANA
NIGERIA
CHINA, PEOPLE'S REPUBLIC OF
BELIZE
KENYA
CANADA
INDONESIA
BANGLADESH
UNITED KINGDOM
GHANA
MONGOLIA
PANAMA
PORTUGAL
ISRAEL

I-821D Approvals
458,590
21,458
14,283
14,067
7,603
7,594
6,088
5,670
5,408
3,825
3,640
2,738
2,711
2,538
2,331
2,155
1,717
1,707
1,682
1,453
1,436
1,409
1,169
1,085
1,076
857
724
702
678
616
529
500
480
480
443
429
348

App. 0992

ITALY
ST. LUCIA
TAIWAN
BAHAMAS
TURKEY
ALBANIA
JORDAN
THAILAND
EGYPT
HONG KONG
PARAGUAY
ARMENIA
SAUDI ARABIA
SOUTH AFRICA
ZAMBIA
UKRAINE
UNITED ARAB EMIRATES
GERMANY
LITHUANIA
GRENADA
MOROCCO
MALAYSIA
RUSSIA
FRANCE
SENEGAL
GUINEA
ST. VINCENT/GRENADINES
GAMBIA
CAMEROON
LIBERIA
ZIMBABWE
LEBANON
SRI LANKA
HAITI
JAPAN
SURINAME
COTE D'IVOIRE
ROMANIA
SIERRA LEONE
SPAIN
BARBADOS
CZECH REPUBLIC
GREECE
FIJI

325
289
276
273
268
266
242
217
205
205
202
201
199
193
190
186
186
185
181
171
164
163
163
157
157
153
148
138
136
134
133
131
131
127
123
123
120
115
112
111
104
104
96
94

2

App. 0993

DOMINICA
HUNGARY
MALAWI
ANTIGUA-BARBUDA
NEPAL
IRAN
TANZANIA
BULGARIA
MACEDONIA
CAPE VERDE
UGANDA
ANGOLA
VIETNAM
KUWAIT
NEW ZEALAND
UZBEKISTAN
SLOVAK REPUBLIC
AUSTRALIA
NETHERLANDS
MALI
TONGA
CAMBODIA
MONTENEGRO
YUGOSLAVIA (FORMER)
ETHIOPIA
NETHERLANDS ANTILLES
DEMOCRATIC REPUBLIC OF CONGO
SINGAPORE
TOGO
SYRIA
ESTONIA
YEMEN-SANAA
QATAR
SWEDEN
AUSTRIA
ST. KITTS-NEVIS
TURKS AND CAICOS ISLANDS
BELGIUM
SERBIA
GEORGIA
BRITISH VIRGIN ISLANDS
GABON
BAHRAIN

3

88
88
85
83
78
75
75
73
69
68
66
60
60
59
58
53
51
49
48
47
47
46
45
44
40
40
36
36
36
35
34
30
29
29
28
28
28
27
27
25
24
23
22

App. 0994

BOTSWANA
IRELAND
CONGO
SAMOA
WESTERN SAMOA
USSR (FORMER)
LAOS
BENIN
LATVIA
CAYMAN ISLANDS
KOSOVO
MACAU
SWITZERLAND
AFGHANISTAN
BURKINA FASO
MOLDOVA
NAMIBIA
NIGER
NORTH VIETNAM
ALGERIA
BURUNDI
FRENCH GUIANA
MONTSERRAT
SLOVENIA
LIBYA
NORWAY
OTHER*
UNKNOWN OR NOT REPORTED**
Grand Total

22
22
21
21
21
20
19
18
18
17
17
15
15
12
12
12
12
12
12
11
11
11
11
11
10
10
222
839
591,362

*OTHER: This group includes those countries with fewer than 10 DACA approvals per country.
**UNKNOWN OR NOT REPORTED: USCIS has determined that individuals in this group do qualify
for DACA based on their nationality even though country of birth is not available.

4

App. 0995