Exhibit 10.i - DACA Standard Operating Procedures

8/10/2019 Exhibit 10.i - DACA Standard Operating Procedures

1/30

Evidence of R and Presence o 6/15/12 Continued)

Memberships

Military

Records

Additional

Documents

Official records

from

a religious

entity

in

the

United

States

confirming

the requestor s participation in

or

attendance

at

a religious ceremony,

rite,

or

passage (e.g., bapt ism, first communion wedding, etc.).

Documentation showin membershi in communit or . e Scouts .

Military

records (e.g., certificate

of

discharge,

military

personnel records;

or

militar

health records .

Additional

documents to support the

requester s claim may include:

Money order receipts for money sent in

or

out

the

country;

Passport entries;

Birth certificates of children born in

the

United States;

Bank books with dated transactions;

Correspondence between

the

requester and

other

persons/org.;

Social Security card;

Selective Service card;- - - --- -

Automobile

license receipts,

title

vehicle registration,

etC

Deeds; mortgages, contracts to which requestor

has

been a party;

Tax

receipts;

Insurance policies, receipts, or postmarked letters; and/or

Any other relevant document.

FOUO - Law Enforcement

Sensitive

47

App. 0460


2/30

Applying the DACA Guidelines Education

asic Educat

ional

Guidelines

The educational guideline for

DACA

can be met in a number of

different ways . .The requester can show that he/she:

Is currently in _school;

Has

graduated from high school;

or

Has obtained a certificate

of

completion from high school or a

General Educational Development GED) certificate.

. .

U S: Cit

iz

enship

.in d

ln n igratiun

. . '

,)erv1ccs

FOLIO

Law Enforcement Sensitive

48

App. 0461


3/30

Applying the DACA Guidelines - Education Continued)

omeschooling

A claim of homeschooling is not, n and of itself, an indicator of fraud;

however, because homeschool .programs and their requirements vary

widely from state to state, efer the case to CFDO for further research

and evaluation.

Even

f

the file contains evidence including .transcripts, diplomas,

or

certificates

of

completion received as a result

of

homeschooling, the

case must be referred to CFDO for further research and evaluation,

prior to final adjudication .

-- U.S. C l t i ~ : n ~ ; h i p

1 : a 11d

frnnllpr Hion

' 7

Service'.

. _ ; ; - ~ -

49

. FOUO - Law nforcement

Sensitive

App. 0462


4/30

Applying the D C Guidelines - Education Continued)

urrently in School

The DACA requester can be enrolled in:

__, , , .

1

p u b l i G p r i v a t e e l e m e n t r y school, junior-high or .middle sc.hool, high school, or

secondary school;

An education, literacy, or career training program including vocational tra ining

or

an

English as a Second Language ESL) course);

An education program assisting students either

in

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

in

passing a GED exam

or other equivalent State-authorized exam; or

A .publicor private college or university or a community college.

T T S

('-i4

''I l

-

ll ?.C,I

S 11 p

and

Innrligr


5/30

Applying the DACA Guidelines .- Education Continued)

School

reaks

and Medical

Leave

School Breaks : When the DACA requestor files the DACA request, it is

possible that school may not be in session due to a holiday

or

a

semester

or

u a t t e r

r

trimeslerfbreEik. -. -- - .

'

-, .

,, _

.- .. .. .-. .- -.._

.. --.

- .. ... ..

...

.. --- '

A break may occur during a course, for example spring break, or it may

OCC?Ur

between semesters, for example summer break.

I f ~

DACA

request is .filed between semesters, the requester is considered to be

currently in school if he/she is enrolled for the next semester and submits eyidence

of such enrollment.

Medical.Leave: ..Note that a DACA requester on temporary medical

leave

from

school

is.considered to be current ly in school. Evidenc.e

of

th.e medica.1

leave

and the

expected return date to school are to be provided.

U

S.

Citizens hip

l

I .


6/30


Enrollment in Personal Enrichment

r

Recreational lasses

....

-.. . . ~ ..., DACA.r.equestor who

is

enroUed .-n

.

a--persoria.I

enrichment-class

-..

(such as .

arts

and crafts) or who is enrolled in a recreational class

(such

as canoeing)

is

not

in an alternative

educational program

and

thus

not

considered to

be

currently

in school

for

DACA

purposes.

U.S. Cit ilenship

ancl

[nrm

1Frar.inn

r

o

,

e.rv

. . . _ .._

.

. . . .

.

.. ..

52

FOUO -

Law Enforcement

Sensitive

-

. .

- . . .

App. 0465


7/30

Applying the

DACA

Guidelines - Education (Continued)

Enrollment in On Line Classes

11

Evidence

of enrollment in on-line courses is acceptable.

_ , ... _ C . f f i c e s f l o u l d f o c H S

O

-

tne-

schooh o t t h e m ed

um

-_., ~ . - ~ . . . - .. . _ . , . , ~ . , ~ , - ~ = - ~ - ~ - -

It is not

uncommon for

students to be

enrolled

in online

courses.

Officers

should

focus on

the completeness

credibility

relevance

and sufficiency

of

the evidence to see if it is germane.

J.S. CHizcnshi

p

::rnd

lnn11

hrr;iticn

S

f- l "\

i

.:

l -

53

FOUO - Law

Enforcement

Sensitive

App. 0466


8/30

Appl.ying the D C Guic telines - Education Continued)

Primary/Middle/Secondary Schoo/ .

ccepted

for Enrollment

Evidence of acceptance for enrollment

may

include, but is not limited to:

.

_ - . ...

..

An.atcepta-rrce 1ettert>n Jschool Jette rhe ad

-nom

the

s t ~ h o . o l s u t h r i z e d

~ ..- ., ..: . .

: ~

..

representative, if the requestor was accepted for enrollment, but th_ classes have

not yet c o m m ~ n c e d .

Such accept8:nce letter is to include the name.and address of the school, the

requester s grade level, and the date that the classes are scheduled to

commence.

Such.acceptance letter is

to

be accompanied by evidence that the student

has

registered for classes, or other evidence showing the student has accepted the

offer and has committed to start classes on a certain date.

If the requester has been accepted for enrollment at a private school, evidence

of

enrollment, such

as

paid tuition receipts , is to be included.

U.S. Citi;;.cnship

and Inunigratfon

Ser. ices

FOU_O -

Law

nforcement

Sensitive

5

App. 0467


9/30


Primary/Middle/Secondary School - cceptedfor Enrollment

Continued)

.. .

.. _

-

.

. . .

. r.:.

. , ,

: . _

, ..;

.

. . . .... . ... . . . . - . ., .. '' '

-

-- -

. _:.:;.-

.

"'

-.:..-

.

..

-.

- .,. .

..

- . -

A current.individualized.education program

l ~ P ,

as required under the

Individuals with Disabilities Education.Act,

for

a student with a disability,

would also be acceptable evidence

of

enrollment;

A current class schedule containing the student s name, the list

of

cou rses, and the day and time

of

eacD class;

or

11

Any other relevant evidence.

lJ.S. CHizcnship

anc lnHl11Frai.io1;

' ~ : a

S

' r\ 1

ci

t

--

- -

FOLIO -

Law

Enforcement Sensitive

55

App. 0468


10/30


Primary MiddleSecondary School - Attending Classes

DACA requestors already enrolled and.attending classes may submit:

Current school registration cards,

Current transcripts;

Report cards; or

Progress reports.

, . . - : : .. = - o Oo O

0 0

L

The document(s) presented are to show the name

of

the student, the name.

of

the

school, the time periooor semester covered by

~

docume.nt, and the current grade

level.

A current IEP.showing. he student s progress o date would also be acceptable

evidence that the DACA requestor has been accepted for enrollment and is attending

classes. ,

U.S Ci ri1c

ship

and

hnniigraJ i

on

Se.rv

ices

FOUO - l w nforcement Sensitive

6

App. 0469


11/30


GE

To show

currently

in school based on enrollment in a class for a GED

or

other equivalent State-authorized exam, look for a letter or

other document

- = - < i

f r o m n

authorized

Tepresentative of-the-program, that includes information

such as: .

The requesto.r's name and date

of

enrollment;

The duration of the program .and expected completion date;

Whether the course of study is

for or

a

GED

exam

or

other equivalent State

authorized exam;

.

h e

program'ssource

ofpublic

furiding(Federal, State; county,

or

municipal), if any;

and

The

program's authorized representative's contact information.

l J S Citi

zcn

ship

and 1Inn1 igratior

Services

FOUO-Law

Enforcement

Sensitive

7

App. 0470


12/30


GED Continued)

If the GED/Equivalency program is .not publicly funded in whole

or

in .part,

documentation from the program is also to provide information about its

demonstrated effectiveness. Such information could include, but is not limited to:

..

.

.

...

. -

,,

., .... . :

.... ..

, _

.

-

:

.- ...

..._, .

.,.-

:.,.. ..... :-.i:t' ., .,.....

.:-.-:. ~ . . : . . : . . . o . -

. .

. ~ . . .-r: .. . i:

..._.:

r ..... r. -' '

.

., .,.: . C : : < t -a-.--.:

- :.

11

The duration of the program's existence;

' The

program's track record in assisting students in obtaining a GED, or a

recognized equivalent certificate;

11

Receipt of awards or special achievement or recognition that indicate the

program's overall quality; and/or .

Any other information indicating the program's overall quality.

.

.

.......

-.- --

-

- . . - - ...

U

t ' '

l .

. . ~ .....

II

:1zcns1np

anci l 1 1 1 n 1 j ~ 1 1 - . 1 l ion

S

. -:.

crv1ces

58

FOUO -


App. 0471


13/30

Applying the DACA Guidelines - Education (Continued)

Public

or

Private College

or

University

or

Community College -

cceptedfor Enrollment

. ..

' - v i d e n e o f

n r o l l m n t

in apublic-or private college or university

ora

community college may include, but is not limited to:

An acceptance package and related materials.on school letterhead from the

school s authorized representative, if the requestor was accepted for enrollment,

but the classes have not yet commenced.

.

.

., - . . ....

Such acceptance package

is

to include the name and address

of

the school,

the

requestor s grade level

or

class year, and thedate or term when the classes

are

scheduled to commence.

Such acceptance package is to be accompanied by evidence that the student

has registered or classes,

or

other evidence showing the student has accepted

the offer and has committed to start classes on a certain date.

lT . .-.. . .

.

. .

t. l zcnsn

rp

and J n i 1 1 1 i ~ r < : r i o n

Service:;

59

FOUO - Law nforcement Sensitive

App. 0472


14/30

:


Public

r

Private College

r

University

r

Community College - .

~ ~ ~

e p ~ e d ft [ ~ n ~ ~ l ~

~ n , ~

q < . ? ~ ~ ~ ~

~

_.

.

... -

....

. ..

........

-

_ .

...

___

...

Evidence of acceptance for enrollment can also include:

A current individualized education program (IEP), as required under the

Individuals with Disabilities Education Act, for a student with a disability;

A copy

of

the student s current tuition bill;

The student s current class schedule containing the list of courses, and the day

and time

of

each class; or

111

Any other relevant evidence.

-- . U.S. Ciri7.enship

I

and 1rnn1igra.t

t l f l

ervices

.

60

FOUO -

Law nforcement

Sensitive

App. 0473


15/30

Applying the DACA Guidelines - Education (Continued)

Public

r

Private College

r

University

r

Community College -

Attending Classes:

F e r

QA.

C

.

requestor-s.already< n r o l l e

a n d

-attending

classes, evidence-may.-include,

_

.

_

,

but is

not

limited to:

Current school registration cards;

Current transcripts;

Report cards;_or

Progress reports.

The document( s) presented are to -show the

name of

the student, the name

of the

school, the time period or semester covered by the document, and the current grade

level

or

class year.

U.S. Cir n

l l d

n n

gr i'on

)erv1ces

FOUO - Law

Enforcement

Sensitive

6

-

.

App. 0474


16/30

Applying the D .Guidelines - Education Continued)

Public or Private College or University, or Community College -

.

.

ttending

Classes Continued):

A current IEP showing the student s progress to date would also be

acceptable v i f h o r n

r-oH

me fif

Ei r1

.dalte

nd

n ~ f c

ass

es

- - . . ~ .._; : ..-

. .

- ~ . ~ ~ . , , .

-


17/30

Applying the DACA Guidelines - Education ontinued

ternative ducational Programs

DACA

requestors can

show they

are currently in school

by

enrolling in/attending an

alternative education program.

~ - - : ~ , D i f f e r : e n t g u i d e l i n e s

a p p l y

d e p e n d i n

g ... n t h e . ty.p.e


18/30

Applying th DACA Guidelines - Education Continued)

Alternative Educational rograms Continued)

Type

of

Program

ESL

Alternative Educational Programs -

Funding/Effectiveness

Non-Profit

Public

Funding (in whole Demonstrated Effectiveness - Required for

Status or in part) each program that

is not publicly

funded.

(Does not

apply to

non-profit

literacy

- - .__ _ .

..

....

,.,

_ ...,,_=.

- - ~ - -

.. ' ' ~ - ... ....

.. ...,..

. .... ,,

pr o

grams

:

; _ . . . ,

....

. _ _ . . .

, , _

, .

-.,.->: ' '

.,_

..

..;_,, ~

N/A Letter from

the

ESL program

The

program administrator

or

authorized representative is

administrator

or

authorized to provide .information about the program s demonstrated

representative providing basic effectiveness. Such information could include, but is not

details about

the

source(s)

of

limited to:

funding. The duration

of

the programs existence;

The programs track record in placing students in

~ * - * - L - ~ - e - r a _ c _ y ~ ~ ~ A ~ c o _ p _ y _ o ~ t ~ t - h _ e _ I R - S ~ ~ l f - - n - o t _ t _ a _ x _ e _ x _ e _ m _ p _ t . - b - u _ t _ p _ u _ b _ l i c - l y ~ ~ p o s ~ s e c o n d a ~ e d u c a t ~ n . j o b t r a i n i n g , o r

funded, a letter from the program employment;

I . t -

Career

Training and

Vo-Tech

letter confirming

tax exempt status

under 501 (c)(3)

N/A

administrator providing basic

details about the source(s) of

.funding. .

Letter from the school registrar

or

authorized school representative .

providing basic details about the

source(s) of public funding.

Receipt of awards or special achievement or

recognition that indicate the program s overall q

ua

lit

y;

and/

or

Any other information indicating the programs o

ve

rall

quality.

**

Refer the case to CFDO

if

enrolled in a literacy p rogr

am

run by a for-profit entity.

64

FOUO

-


App. 0477


19/30


20/30


raduated from School

Evidence of

graduated from .school

may

include

copies

of:

A diploma;

11

Transcripts showing the

date

.of graduation;

or

A

GED

Certificate, certificate

of

completion,

certificate

of

att

_

nda

nce,

or

alternate award from a public or private high school/secondary

school .

.

E v i d e n c e G E I J 0 r e q u i v a l e n t

e e r t i f i

a t e n c l u d e s , but

is

not limited to :

Passed a GED exam; or

Other comparable State-authorized exam resulting in the issuance

of

a recognized

equivalent of a regular high school diploma under State law

. U.

S

Ciri7enshi.p

) and lnnnigr.1tio11

.

,. Cr V Ct:.S

_

66

FOUO - Law Enforcement Sensitive

App. 0479


21/30

c.

co

)

Q

:::

n

Q

c

-

Q.)

'C

-

::J

C 9

r

c

-

......

co

)

Cf)

w

>

Cf)

w

{

I

I

c

Q

E

Q)

0

L .

.E

c

w

m

_


22/30

Interim Review

Fact Pattern

The requester is 19 years old

and

indicated

that

she

went

to a U.S.

high school for 2 years

and

was then homeschooled. She submitted:

G

. ' h h I t . t h . tt d h

. ~ . ,

.. , , . ~ . .._ .

. ~

ep es

or

= g

sc

oo

ranscnp SS ew ng a

en f l ~ f > r er:. ~ . , . _ , _ ~ ~ ~ ~ - - - . . . . _ - - - - ;

freshman and sophomore years (2007-2009)

2 affidavits indicating she was homeschooled until last year

A receipt indicating enrollment in

an ESL

course to start

next

~ k

Questions for Discussion

.Did the requestor meet the education guideline? Explain.

Does this case require a referral to

CFDO?

fl ( ( . . .

l .

\., >. .1L

l7 Cn\

l l p

and I n n n i ~ . ; r ~ 1 t i n n

S

.

erv1ces

FOUO -


. - ' . . . ......_

-

l

-

8

App. 0481


23/30

Applying the D C Guidelines Honorable

Military Discharge

As an alternative to showing that he/she is currently

in

school

or

has

graduated from school, a DACA requestor can meet the Secretarys.

guideHnes

by

showing -that he/she is an honorably discharged veteran of the

--, . U S r i l l e d r c e s S ~ o a u a r a

: - = . -

... ..

. -

..

..

-

.

= - ~

~ = - ~ ~ ; _ ~ A ~ ..- - _ ; : , .. . - -

Examples

of

a.cceptable

e v i d e ~ c e

o f

honorable military/Coast Guard

discharge include:

11

Form 00-214, Certificate of Release or Discharge from Active Duty;

.

.

. .

11

NGB Form 22, National Guard Report

of

Separation and Record

of

Se.rvice;

Military personnel records;

Iii

Military health records; or

A military health record will indicate branch

of

service, but not the character of the service members discharge;

11

Any other relevant document.

e

TJ c

.

,

..

1 t 1 z e n : r n

p

~ n d ~ 1 1 1 1 1 1 igr.tt i.rn1

~ i e 1

vices

-

.

69

FOUO -

Law

Enforcement Sensitive

App. 0482


24/30

Applying the D C Guidelines - Honorable

Military Discharge Continued)

The Form DD-214 and NGB Form 22 both contain a section,

C h a r a ~ t e r of

Service . isting the type

of

discharge a service m ~

. . . .

-

. . . . . . . - . .. . . . .

..

. . . . -

obtained. The main types

of

discharge include the following:

Honorable:

General (under Honorable Conditions);

Under Other Than Honorable Conditions;

Bad Conduct;

Dishonorable; or

Uncharacterized.

To meet the military guideline, the Character of Service must be Honorable or

General (under Honorable Conditions).

0 S C i t i : 1 . c n s h 1 ~

and

T n 1 r n i ~ l 1 . : n i

S

.

,

crv

ices

7

FOUO -

Law nforcement Sensitive

App. 0483


25/30

Ap.plying the D C Guidelines - Issues of Criminality

Public Safety and National Security

Under the Secretary s guidelines, removal will not be deferred under

D C

when the requester:

-Has

be.en

convicted

of

a felony offense, a significant misdemeanor

offense,

or

three

or

more other misdemeanor offenses not occurring

on

the same date and not arising out

of

the same act, omission,

or

scheme

of misconduct;

or

Otherwise poses a threat to national security

or

public safety.

. .

The guidelines and procedures for cases involving criminal, national

security, and public safety issues arecovered more in depth .later in the

training.

U S

Cili7 Cnsh

ip

and hnmi gra tion

Services

FOUO -

Law Enforcement

Sensitive

71

App. 0484


26/30


27/30


28/30

Evaluating the Supporting Evidence

The requester

is to show,

by

a

preponderance of the

.evidence,

that

he/she meets the

guidelines

for

deferral

of

removal

under

DACA.

Evaluate and weigh the sufficiency of all

evidence

according to its

__ . ele.van.cy, consistency, and probative value.

Consider

any additional and new facts and/or

evidence

in

response

to

an RFE

or

NOID

before rendering a .final determination.

{i

T \. C: /

IS

1

: \

, ....

il L '

I I

:

1

and l n u n w T . ~ t t o n

\ \

Scrv c e ~ j

7

FOUO -


App. 0487


29/30

Standard of Proof Preponderance of the Evidence

A

DACA

requester is to establish by a preponderance

of

the evidence

that

he/she

meets

the guidelines for the exercise of prosecutorial

discretion in the form

of deferred

action .

Under this stariaard, th_e. reqfie

stot

mcfsrc:femoii$trate-that ir-i s o r

..,__ ____

. _.

likely

than

not that he or

she

meets

those

guidelines.

e The

preponderance

of

the evidence

standard

is a lower

standard

of

pro.of than both the . clear and convincing evidence standard and

the

beyond a

reasonable doubt standard

applicable to criminal

cases.

- More likely than not

means

probable, in

other

words, 51 _/o or more.

. . T .. -: 1

l

, : ;_ C

Jti

7en

s1Y1p

~ n d ~ n 1 n 1 i g r l t i o n

S

1

' :

e:' '

\

Y ... l

75

FOUO - Law Enforcement Sensitive

App. 0488


30/30

Primary vidence

Primary evidence is evidence which on its face proves a fact.

n the

D C

context .anexamplf

ofprimary

evid.encethat

could be.submitted to sati_fy the

age

guideline would be a birth

certificate.

-Anexample

of

primary evidence that could be submitted to

satisfy all or part of h e CR .guideline would be s c h o ~ records.

US Ci

tizcnshi

p

and lnnnigratinn

Services

FOUO -

Law Enforcement

Sens

it i

ve

7

App. 0489