Exhibit 29 - Leon Rodriguez, Letter To Charles E. Grassley
Exhibit 29 - Leon Rodriguez, Letter To Charles E. Grassley
Exhibit 29 - Leon Rodriguez, Letter To Charles E. Grassley
App. 0976
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
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.
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.
App. 0979
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
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.
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.
App. 0981
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."
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.
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.
ya
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.
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.
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.
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.
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
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:
12
App. 0989
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:
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:
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
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
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.
App. 0995