DACAFacts Tabs

What else has been made public about the thousands of applications received or the 1.7 million illegals aliens estimated to be eligible for DACA?

Total Requests 573,404
Requests Pending 135,718
Applicants who have served honorably in the US military Facts Withheld
Requests denied 7,450
Denials due to ineligibility Facts Withheld
Denials due to fraud, suspicion of fraud, or other violation of the immigration law Facts Withheld
Denials due to criminal history Facts Withheld
Denials resulting in removal proceedings Facts Withheld
Denials resulting in deportation Facts Withheld
Applications approved despite criminal conviction Facts Withheld
Applications approved despite a pending criminal charge Facts Withheld
Applications approved despite a juvenile criminal conviction Facts Withheld
Biometrics Scheduled 540,821
Requests Under Review 62,777
Fraudulent applications resulting in prosecution or removal Facts Withheld
Requests for Evidence 7
Work permit applications received Facts Withheld
Work permit applications approved Facts Withheld
Work permit applications denied Facts Withheld
Individuals granted a fee waiver Facts Withheld
Individuals with DACA who applied for advanced parole Facts Withheld
Individuals with DACA who have been granted advanced parole Facts Withheld
Individuals who have been granted parole, traveled, were paroled back into the US and have been granted lawful permanent residency Facts Withheld
Individuals with DACA who have been given lawful permanent residency under any other means Facts Withheld
Applications received for individuals in removal proceedings Facts Withheld
Requests Approved 430,226

What constitutional or legal authority is the Obama Administration relying on to give deferred action and how did it change since 2011 when the President said he did not have such authority?

Why has the Administration's position on the legal authority of the Executive Branch changed? Facts Withheld
Did the Administration consult with their attorneys prior to the announcement about the legal authority to grant deferred action and work authorizations to a specific class of illegal immigrants? Facts Withheld
Did the Administration obtain a legal opinion from the Office of Legal Counsel or anyone else in the Administration about their legal authority to implement such a program? Facts Withheld
Are there any documents demonstrating legal authority? Facts Withheld
What will happen if the directive is challenged in court? Facts Withheld
Will individuals who have applied for deferred action be required to leave the US if such a challenge is upheld? Facts Withheld

How many criminals will benefit from DACA?

Will applicants be required to turn over any fraudulent or stolen identification they are using? No
Will applicants who admit to using fraudulent or stolen documents be prosecuted for identity or document fraud? No
Will individuals who entered the US on their own volition - either by crossing the border illegally or overstaying a visa - be eligible for deferred action? Facts Withheld
Which databases will be used and how will background checks be conducted to ensure that individuals do not have a criminal history or pose a threat to public safety? Facts Withheld
What would constitute a “significant” misdemeanor offense, which is one of the criteria for eligibility for deferred status? Facts Withheld
Will individuals with final orders of removal be eligible for deferred action? Facts Withheld
What action will the administration take if an individual is denied deferred action? Facts Withheld
What action will be taken if an individual is granted deferred action, but subsequently abuses that grant, is arrested, is found to be a member of a criminal gang, or does not actually attend school? Facts Withheld
How will the administration handle family members, specifically the parents who violated federal immigration law? Facts Withheld
How many misdemeanors “occurring on the same day” can an illegal immigrant have been convicted of and still be deemed eligible for amnesty under the new policy? Facts Withheld
Please list each misdemeanor crime that is not considered a “significant misdemeanor.” Facts Withheld
Will DUI be considered a “significant misdemeanor”? Facts Withheld
Will USCIS coordinate with each applicant’s native country to ensure that there is no criminal record in that country? Facts Withheld
Will each applicant undergo a biometric “background check” during the application process? Facts Withheld
Will each applicant undergo a biographic “background check” during the application process? Facts Withheld
Will USCIS conduct in-person interviews of each applicant? Facts Withheld

What role has fraud played in DACA applications?

How will federal officials who process the applications ensure that information provided by the individual is accurate and how will they verify that one truly entered the country before the age of 16 or are currently under the age of 30? Facts Withheld
Will evidence submitted in support of deferred action applications be limited to independently verifiable government-issued documents (e.g. school records,W-2s, tax returns)? If not, why not? If affidavits will be accepted, will they be required to be made under penalty of perjury? If not, why not? Facts Withheld
How will the agency implementing the program ensure that fraud and abuse is prevented? Facts Withheld
Will illegal immigrants be required to appear in person for an interview by the federal government before deferred action is granted? Facts Withheld
What steps will the administration take to review and ensure that fraudulent documents are not submitted in support of applications for deferred action? Facts Withheld
What type of fraud detection mechanisms will be used? Facts Withheld
How will the veracity of affidavits be assessed? Will the author’s word, signed, and notarized be sufficient? Facts Withheld
What sort of punishment will be sought for aliens who commit fraud or material misrepresentation? Facts Withheld
If an illegal immigrant is found to have submitted fraudulent documents as part of their application, will that illegal immigrant be detained, prosecuted under applicable sections of the U.S. Code, and placed in removal proceedings? Facts Withheld
If an alien immigrant is found to have made false statements on a submitted application, will that illegal immigrant be detained, prosecuted under applicable sections of the U.S. Code, and placed in removal proceedings? Facts Withheld
What evidentiary standard will be applied to submitted documents or other “proof” of eligibility for amnesty under the new policy? Facts Withheld
Will third parties be able to submit applications on behalf of illegal immigrant applicants? Facts Withheld
If a third party is found to have submitted a fraudulent application on behalf of an illegal immigrant, will that third party be prosecuted? Facts Withheld
If a third party is found to have submitted a fraudulent application on behalf of an illegal immigrant, will the illegal immigrant be detained, prosecuted under the applicable sections of the U.S. Code, and placed in removal proceedings? Facts Withheld

President Obama promised a transparent administration. How transparent is the rest of the DACA process?

Are contractors used to process DACA applications? Facts Withheld
If contractors are used, how many are there, and what are their qualifications? Facts Withheld
Why does the directive allow individuals up to age 30 to benefit from deferred action if the directive is aimed at helping young people and students? Facts Withheld
Absent congressional action, what will happen in two years to the individuals who are granted deferred action? Facts Withheld
Will recipients of deferred action be eligible for receipt of advance parole? Yes
What criteria will be used to decide who gets work authorizations and who does not? Facts Withheld
Which other departments and agencies will be consulted and will work with the Department of Homeland Security on the implementation of this directive? Facts Withheld
In what circumstances will an individual receive a notice of intent to deny and a denial of deferred action? Facts Withheld
In what circumstance will an individual who is denied deferred action be placed in removal proceedings? Facts Withheld
Please explain the applicable confidentiality provisions. At what point in the process does confidentiality attach? Will confidentiality be protected no matter the case, or will previous fraud, criminal behavior or national security concerns be raised with other law enforcement? Facts Withheld
On what day and what time did [Mayorkas] become aware of the new policy? Facts Withheld
On what day and at what time did USCIS operational staff become aware of the new policy? Facts Withheld
Will the applications be administratively reviewed or judicially reviewed? Facts Withheld
How many USCIS staff will help to process (including interviews, background checks and document verification) the hundreds of thousands and likely more, of anticipated amnesty applications under the new policy? Facts Withheld
For what type of visa or other immigration-related applications will the processing rate be reduced in order to process applications for amnesty under this new policy? Facts Withheld
What type of, and how much, training will USCIS staff receive in order to process applications for amnesty under the new policy? What percentage of this training will be focused on anti-fraud efforts? Facts Withheld
The secretary indicated that acceptable documentation of proof that an illegal immigrant entered the United States prior to age 16 and that they have “resided” in the United States for at least five years, includes “financial record, medical records, school records, employment records and military records.” Please list specifically what type of each document will be acceptable. What other types of documents will be acceptable? Facts Withheld
When an applicant is deemed ineligible for amnesty under the new policy, will the applicant be detained and put into deportation proceedings? Facts Withheld
When an illegal immigrant is granted amnesty under the new policy, and is consequently allowed to remain in the United States, will it be considered a “hardship” for their illegal immigrant relatives to be placed in removal proceedings such that the relatives will be eligible for prosecutorial discretion pursuant to the June 17, 2011, Morton memo on priorities for removal (as implemented on August 18, 2011)? If so, would this apply to the illegal immigrant parents who brought the children to the U.S. in the first place? Facts Withheld
Will there be an appeal process for any applicants who are deemed ineligible? If so, what will be that process? Facts Withheld
Regarding illegal immigrants who submit “employment records” as proof that they entered the United States prior to age 16 or that they have “resided” in the United States for at least five years preceding June 15, 2012, will the employers be investigated to determine any violation of 8 U.S.C. §1324a and subsequently prosecuted? No
Will illegal immigrants granted amnesty under the new policy be allowed to travel freely outside and back into the United States? Facts Withheld
Is the Administration considering allowing recipients of deferred action under this initiative, or any other class of illegal immigrants, to enlist in the U.S. Armed Forces under 10 U.S.C. 504(b)(2)? Facts Withheld

How much is DACA costing American taxpayers?

Can the Administration assure us that the total implementation cost of the program will be paid for by the individuals seeking to benefit, or will U.S. taxpayers subsidize any part of the program? Facts Withheld
How much, if anything, will an illegal immigrant be required to pay in order to obtain deferred action? Facts Withheld
What legal authority does the Executive Branch have to mandate a fee for this service? We understand that the Department has never previously charged a fee for the processing of a request for deferred action. Facts Withheld
Does the Administration plan to reprogram funds at the Department of Homeland Security or any other Executive Branch agency to help fund the implementation of the directive? Facts Withheld
If the Administration plans to use funds that already have been appropriated or other funds from the Department, please explain which programs will be reduced in order to cover the costs associated with the directive. Facts Withheld
If USCIS adjudications staff will be diverted from their normal duties to handle the millions of potential deferred action applications, what will be the impact on other USCIS programs? Facts Withheld
Will U.S. taxpayers be forced to foot the bill for granting amnesty to the illegal immigrants who apply for relief under the new policy? Facts Withheld
Will a fee be charged to illegal immigrant applicants to cover the cost of processing applications for amnesty under the new policy? Yes
Will fees for other immigration-related applications be raised to cover the cost of processing illegal immigrant amnesty applications under the new policy? Facts Withheld
Will there be a waiver of any fees for illegal immigrants who claim to not have the ability to pay any required fee, thus requiring individuals who are attempting to immigration through the legal process, to pay for processing of illegal immigrants’ application? Yes