Thread by @NicoletteGlazer

USCIS #DACA 'Arrest Histories' report is as blatant smear campaign & propaganda though deliberate misinformation as you would ever get" It's appalling & despicable for US Gvmt agency to resort to such distortion. Perhaps they are that desperate. But still uscis.gov/news/news-rele…

1/ IDENT hit will cover any encounter with a law enforcement agency but most importantly it will cover any contact a non-citizen may have had with ICE, CBP, or USCIS. It is basically a hit reflecting that the particular A# has had an "apprehension' which will cover border arrest

2/... prior removal, deportation order or proceedings, voluntary return etc. This is aspect of an 'IDENT hit' particularly relevant for two reasons.

3/ First, the vast majority of non-criminal IDENT hits just show that a #DACA requestor's family was likely in proceedings prior to the submission of a DACA application, NOT the presence of a CRIMINAL offense.

4/ Second, the DACA program specifically and unambiguously allows even applicants with a final unexecuted order of removal of removal/deportation to be granted DACA. So, that an immigration IDENT hit is present will not result in a denial (or should not under the Memo).

5/ USCIS decision to produce this shameful "data report" by using IDENT hit alone is telling. Because they cannot support the Trump "DREAMers are no angels' narrative they resorted to IDENT hits in the hope that no one will know or care what it means.

6/ Pure and simple criminal arrests and most importantly criminal convictions are a marginal attribute of the profile of DACA beneficiaries.

7/ Then if you look at the data, then the Admin narrative get blown to sh*ts.
The vast majority of IDENT hits are for
NON DUI Driving-related 25,305 (approved) 10,160 (denied)

Immigration-related 12,968 10,063

8/ Meaning driving without a DL, suspended license, speeding etc. and prior removal orders or voluntary returns sometimes prior to DACA application.

9/ Now, that we have 10,063 DACA applicants who were denied or whose DACA status was *terminated* because of immigration related apprehensions is extremely alarming. To me it confirms what we have been seeing on the ground since the termination of DACA in Sept 2017.

10/ Under the radar ICE has undertaken a deliberate effort to arrest and deport #DACA beneficiaries who have prior order of removal. Again, the presence of such an unexecuted order of removal is not a bar and cannot be a valid ground for denial of DACA benefits. Yet, ICE

11/ ... is targeting DACA beneficiaries who are in the process of renewing their DACA or DACA has just lapsed (and before may be in the process of filing for renewal) and arrest them.

12/ Here is the evil rationale: the published Q&A etc. by USCIS states that USCIS has no jurisdiction to adjudicate a DACA application or a renewal if the applicant is in ICE custody. I know, I know it is a complete BS but it is on the books.

13/ So, once ICE takes DACA recipient in custody, USCIS swiftly denies any pending application for DACA renewal clearing the way for ICE to execute the removal order. It is illegal, evil, and unconsionable but they are doing it with impunity.

14/ In one of my cases Govt came to district court & did not even try to pretend that they were targeting DACA recipients. What was most upsetting is that OIL did not even think for a minute that what ICE and USCIS were doing was problematic at all. From the Transcript

15/ What we are seeing is again (as with the provisional waiver) the Govt is resorting to a bait-and-switch vs young ppl whose families in the past may have gone through removal proceedings and are subject to a stale order of removal.

16/ By specifically promulgating regulations & rules that tells ppl that prior order of removal is not a bar to receive a remedial immigration benefit tailored to provide relief to the precise class of applicants USCIS is luring ppl to apply.

17/ Then once ppl apply or are even granted relief such as DACA, ICE is just laying in wait to arrest them to execute the order of removal. It is horrific and unconscionable and yet, it has been going on for years .... but have you even heard of it?

Wake up America!