The main purpose of this blog is to point you in the right direction, should you need more information. As you will read, the “guidelines” were muddle from start.
First, #DACA was NOT an #EO (Executive Order), but a Memorandum by DHS’ Secretary (at the time) Janet Napolitano on a Friday June 15, 2012. Second, DACA was written adhoc and NEVER had any APA rules hearing that the Administration was obliged to have. Third, DACA was supposedly an “exercise of our prosecutorial discretion“; meaning the Trump Administration was entitled to discontinue the “discretion.” SCOTUS is expected to rule in June of 2020.
About a year earlier the Obama Administration had floated a very similar plan which it admitted would be “controversial, not to mention expensive.” The news article about this plan stated it would be proceedings on a case-by-case basis against illegal immigrants who meet certain criteria. On that announcement, the Obama Administration made the announcement just before Mr. Obama left for a long vacation out of Washington, and as members of Congress (were) back in their home districts.
To be clear, anytime ANY ADMINISTRATION wants to bury the news story, the news release is on a Friday or when Congress is away on vacation.
On that Friday in 2012, a terse 2 1/2 page memorandum by the DHS Secretary appeared. At the time, the bullet points of the memorandum were *the plan* and as stated such:
The following criteria should be satisfied before an individual is considered for an exercise of prosecutorial discretion pursuant to this memorandum:
- came to the United States under the age of sixteen;
- has continuously resided in the United States for a least five years preceding the date of this memorandum and is present in the United States on the date of this memorandum;
- is currently in school, has graduated from high school, has obtained a general education development certificate, or is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States;
- has not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise poses a threat to national security or public safety;
and- is not above the age of thirty.
Even with some items written, some advocates took the liberty to add vagary. One advocate infamously stated that recipients should have a “clean criminal record,” which is a sugar-coating the requirement of – “has not been convicted of a felony, a significant misdemeanor offense,” or worse.
Some specific were added to where the USCIS had an information page, but to this day misinformation persists. On a USCIS webpage you will find:
The following information explains the guidelines for requesting DACA for the first time
You may request DACA if you:
- Were under the age of 31 as of June 15, 2012;
- Came to the United States before reaching your 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 your request 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 education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
- Have not been convicted of a felony, significant misdemeanor,or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
NOTE: Because of the “under the age of 31” (1.) rule
- a person could be 39 years old now.
- a person could have been 25 years old when they entered the United States.
Also, the rules do not specify the country of origin. This has made it such that ANY person from ANY country in the world could apply and receive DACA status — and they have, as more than 200 countries are listed on the DACA roles.
How dumb is this? It allowed us to create this #quiktake tweet
Number of #DACA Recipient from Terrorist States & Conflict Zones as of 31 Aug 2018
Iran 60
Syria 30less than 10
—-
Sudan
North KoreaConflict Zones
—-
Yemen 40
Afghanistan 10#Immigration
SOURCES
Adjudicatory Procedure Under Federal APA
https://administrativelaw.uslegal.com/administrative-agency-adjudications/adjudicatory-procedure-under-federal-apa/
The Supreme Court Should End DACA, and Return Power to Congress
https://cis.org/Arthur/Supreme-Court-Should-End-DACA-and-Return-Power-Congress
By Andrew R. Arthur on November 13, 2019
DHS Admits: “Non-legislative amnesty” would be “controversial, not to mention expensive.”
https://cis.org/Feere/DHS-Admits-Nonlegislative-amnesty-would-be-controversial-not-mention-expensive
Aug 22, 2011 (Monday)
Obama to deport illegals by ‘priority’
https://www.washingtontimes.com/news/2011/aug/18/new-dhs-rules-cancel-deportations/
August 18, 2011 (Thursday)
MEMORANDUM FOR: Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children
https://www.dhs.gov/xlibrary/assets/s1-exercising-prosecutorial-discretion-individuals-who-came-to-us-as-children.pdf
June 15, 2012
Washington Post Misleads Readers on DACA
https://cis.org/Feere/Washington-Post-Misleads-Readers-DACA
May 13, 2014
Consideration of Deferred Action for Childhood Arrivals (DACA)
https://www.uscis.gov/archive/consideration-deferred-action-childhood-arrivals-daca
Last Reviewed/Updated: 02/14/2018
The Border Observer 