USCIS Releases Report on Arrest Histories of Illegal Aliens who Request DACA

USCIS Releases Report on Arrest Histories of Illegal Aliens who Request DACA

Offenses include Murder, Rape, Weapon and Assault Charges

Release Date:  Nov. 16, 2019

WASHINGTON—Today, U.S. Citizenship and Immigration Services (USCIS) updated data  (PDF, 756 KB) on arrests and apprehensions of illegal aliens who requested Deferred Action for Childhood Arrivals (DACA).  

The release of this report reflects the agency’s ongoing focus on transparency. The report provides updated information on known arrests and apprehensions of DACA requestors. The data may include arrests that did not result in convictions or where the charges were dropped or otherwise dismissed. 

Among the findings of the release are the following:  

  • Nearly 110,000 DACA requestors out of nearly 889,000 (12%) had arrest records. Offenses in these arrest records include assault, battery, rape, murder and driving under the influence. 
  • Of approved DACA requestors with an arrest, 85% (67,861) of them were arrested or apprehended before their most recent DACA approval.
  • Of approved DACA requestors with an arrest, more than 31% (24,898) of them had more than one arrest.  
  • Of all DACA requestors, 218 had more than 10 arrests. Of those, 54 had a DACA case status of “approved” as of October 2019. 

“As DACA continues to be the subject of both public discourse and ongoing litigation, USCIS remains committed to ensuring transparency and that the American people are informed about those receiving DACA,” said USCIS Acting Director Ken Cuccinelli. “This agency is obligated to continue accepting DACA requests from illegal aliens as a direct result of the previous administration’s decision to circumvent the laws as passed by Congress. We hope this data provides a better sense of the reality of those granted the privilege of a temporary deferral of removal action and work authorization under DACA.”   

Under current DACA guidelines, illegal aliens may be considered for DACA if they have not been convicted of a felony, significant misdemeanor, or three or more “non-significant” misdemeanors not arising out of the same act, omission or scheme of misconduct, and they do not otherwise pose a threat to national security or public safety. The number of arrests illegal aliens have do not necessarily disqualify them from receiving DACA as a matter of discretion.   

For more information on USCIS and its programs, please visit or follow us on Twitter (@uscis), Instagram (/uscis), YouTube (/uscis), Facebook (/uscis), and LinkedIn (/uscis). 


Immigration chief: Feds complicit in human trafficking of migrant children

By Stephen Dinan

Ken Cuccinelli, the acting director at U.S. Citizenship and Immigration Services, said Thursday that American law is forcing the government to help smuggle immigrants into the U.S. illegally.

He said parents turn their children over to smugglers who bring them through Mexico to the U.S. border and get them across. Once over the line, they usually turn themselves in voluntarily, counting on federal authorities to deliver them to their parents or other relatives, who are usually in the country illegally themselves.

“The federal government has been the final chain in the human trafficking effort,” Mr. Cuccinelli said at an event hosted by the Texas Public Policy Foundation. “We are helping them pull this off.”

He was talking about juveniles who show up at the border without parents — known in government-speak at Unaccompanied Alien Children, or UACs.

Under federal law and court-ordered policy, UACs nabbed at the border must be quickly processed and sent to the federal Health and Human Services Department, which then holds them in dorm-like facilities while seeking sponsors to take them.

Parents living in the U.S. — even those here illegally — are given first priority as sponsors.

Authorities say Central American families have figured out the system and will send children to show up at the border with a birth certificate, and with names, addresses and phone numbers of parents or other relatives in the U.S. written down. They’re counting on the federal social workers to deliver the children to their relatives.

“People put children in this pipeline with a certain degree of confidence — they’re obviously willing to risk their children — that they will end up with parents in the end,” Mr. Cuccinelli said.

It’s not the first time a major figure has delivered such a warning.

In 2013, U.S. District Judge Andrew Hanen, who sits in the Southern District of Texas, issued a stunning opinion where he blasted Homeland Security for complicity in smuggling. He said in delivering children to their immigrant parents who are in the country illegally, the government was “completing the criminal mission” of the smuggling cartels.

He was ruling in a case involving a mother from El Salvador, living illegally in Virginia, who paid $8,500 to have her daughter smuggled up from El Salvador and across the U.S.-Mexico border using a bogus birth certificate.

The smuggler was arrested at the border and the child was taken into federal custody — but was then delivered to the mother in Virginia. No charges were brought.

Judge Hanen said the mother should have been charged with criminal conspiracy to violate border security laws. Instead, it allowed her to remain free and didn’t even begin deportation proceedings against her, despite knowing she was in the country illegally.

“The DHS, instead of enforcing our border security laws, actually assisted the criminal conspiracy in achieving its illegal goals,” Judge Hanen wrote.


USCIS Announces Final Rule Enforcing Long-Standing Public Charge Inadmissibility Law

Regulation promotes self-sufficiency and immigrant success

WASHINGTON — Today, the U.S. Department of Homeland Security (DHS) announced a final rule that clearly defines long-standing law to better ensure that aliens seeking to enter and remain in the United States — either temporarily or permanently — are self-sufficient and rely on their own capabilities and the resources of family members, sponsors, and private organizations rather than on public resources.

This final rule amends DHS regulations by prescribing how DHS will determine whether an alien is inadmissible to the United States based on his or her likelihood of becoming a public charge at any time in the future, as set forth in the Immigration and Nationality Act. The final rule addresses U.S. Citizenship and Immigration Services (USCIS) authority to permit an alien to submit a public charge bond in the context of adjustment of status applications. The rule also makes nonimmigrant aliens who have received certain public benefits above a specific threshold generally ineligible for extension of stay and change of status.


“For over a century, the public charge ground of inadmissibility has been part of our nation’s immigration laws. President Trump has delivered on his promise to the American people to enforce long-standing immigration law by defining the public charge inadmissibility ground that has been on the books for years,” said USCIS Acting Director Ken Cuccinelli. “Throughout our history, self-sufficiency has been a core tenet of the American dream. Self-reliance, industriousness, and perseverance laid the foundation of our nation and have defined generations of hardworking immigrants seeking opportunity in the United States ever since. Through the enforcement of the public charge inadmissibility law, we will promote these long-standing ideals and immigrant success.”

Ken Cuccinelli On Immigration - White House Press Briefing 8/12/19

DHS has revised the definition of “public charge” to incorporate consideration of more kinds of public benefits received, which the Department believes will better ensure that applicants subject to the public charge inadmissibility ground are self-sufficient. The rule defines the term “public charge” to mean an individual who receives one or more designated public benefits for more than 12 months, in the aggregate, within any 36-month period (such that, for instance, receipt of two benefits in one month counts as two months). The rule further defines the term “public benefit” to include any cash benefits for income maintenance, Supplemental Security Income (SSI), Temporary Assistance to Needy Families (TANF), Supplemental Nutritional Assistance Program (SNAP), most forms of Medicaid, and certain housing programs.

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The regulation also excludes from the public benefits definition: public benefits received by individuals who are serving in active duty or in the Ready Reserve component of the U.S. armed forces, and their spouses and children; public benefits received by certain international adoptees and children acquiring U.S. citizenship; Medicaid for aliens under 21 and pregnant women; Medicaid for school-based services (including services provided under the Individuals with Disabilities Education Act); and Medicaid benefits for emergency medical services.

This rule also makes certain nonimmigrant aliens in the United States who have received designated public benefits above the designated threshold ineligible for change of status and extension of stay if they received the benefits after obtaining the nonimmigrant status they seek to extend or from which they seek to change.

Importantly, this regulation does not apply to humanitarian-based immigration programs for refugees, asylees, Special Immigrant Juveniles (SIJs), certain trafficking victims (T nonimmigrants), victims of qualifying criminal activity (U nonimmigrants), or victims of domestic violence (VAWA self-petitioners), among others.

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This rule also explains how USCIS will exercise its discretionary authority, in limited circumstances, to offer an alien inadmissible only on the public charge ground the opportunity to post a public charge bond. The final rule sets the minimum bond amount at $8,100; the actual bond amount will be dependent on the individual’s circumstances.

This final rule supersedes the 1999 Interim Field Guidance on Deportability and Inadmissibility on Public Charge Grounds and goes into effect at 12:00 a.m. Eastern on Oct. 15, 60 days from the date of publication in the Federal Register. USCIS will apply the public charge inadmissibility final rule only to applications and petitions postmarked (or, if applicable, submitted electronically) on or after the effective date. Applications and petitions already pending with USCIS on the effective date of the rule (postmarked and accepted by USCIS) will be adjudicated based on the 1999 Interim Guidance.   

USCIS will provide information and additional details to the public as part of public outreach related to the implementation of this rule. In the coming weeks, USCIS will conduct engagement sessions for the public and other interested groups to ensure the public understands which benefits are included in the public charge inadmissibility rule and which are not.

For more information on USCIS and its programs, visit our website at or follow us on TwitterInstagram,YouTubeFacebook and LinkedIn.

Last Reviewed/Updated: 08/12/2019


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Illegal immigrants Found Locked in Semi-Trailer

TUCSON, Ariz. – In three separate incidents, U.S. Border Patrol agents near Ajo and Nogales arrested five U.S. citizens for smuggling 11 illegal aliens Wednesday night, including seven who were locked in a semi-trailer.


The first incident occurred shortly before 10 p.m. on Wednesday when a Tucson Sector Border Patrol agent inspected a Volkswagen Passat rental car at the immigration checkpoint on State Route 85. After questioning, the agent determined the two passengers were Mexican nationals illegally present in the United States. The aliens and the U.S. citizen driver were placed under arrest.


Approximately 20 minutes later, another agent patrolling near Ajo conducted a vehicle stop on a Hyundai Elantra. The car contained two U.S. citizens and two illegal aliens from Mexico. All four individuals were arrested, and the vehicle was seized.

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A few hours later at the I-19 immigration checkpoint a Freightliner semi-truck pulling a refrigerated trailer was sent to a secondary inspection after a Border Patrol canine alerted to the vehicle. Inside the padlocked trailer agents discovered seven illegal aliens. All of the smuggled subjects were found in good condition. The driver was arrested, and agents seized the truck.

The U.S. citizens arrested in these incidents will face prosecution for human smuggling violations, while the 11 Mexican nationals will be processed for immigration violations.

Agents discovered sevenillegal aliens inside of a semi-truck stopped at the I-19 checkpoint

Border Patrol warns that people can die or become seriously injured when placed inside compartments, such as trailers and trunks, not meant for human travel. Extreme temperatures, carbon monoxide poisoning, and vehicle collisions pose serious risks to passengers attempting to avoid detection.

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President Donald J. Trump is Ensuring Non-Citizens Do Not Abuse Our Nation’s Public Benefit

 Issued on: August 12, 2019

"To protect benefits for American citizens, immigrants must be financially self-sufficient."

President Donald J. Trump

PROTECTING PUBLIC RESOURCES: The Trump Administration is taking action to help ensure that non-citizens in this country are self-sufficient and not a strain on public resources.  

  • The Trump Administration is releasing a final rule that will protect American taxpayers, preserve our social safety net for vulnerable Americans, and uphold the rule of law.
  • This action will help ensure that if aliens want to enter or remain in the United States they must support themselves, and not rely on public benefits.
  • An alien who receives public benefits above a certain threshold is known as a “public charge.”
    • Aliens will be barred from entering the United States if they are found likely to become public charges.
    • Aliens in the United States who are found likely to become public charges will also be barred from adjusting their immigration status.
  • President Trump is enforcing this longstanding law to prevent aliens from depending on public benefit programs.
    • The Immigration and Nationality Act makes clear that those seeking to come to the United States cannot be a public charge.
  • For many years, this clear legal requirement went largely unenforced, imposing vast burdens on American taxpayers. Now, public charge law will finally be utilized.

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ENCOURAGING SELF-SUFFICIENCY: Self-sufficiency has long been a basic principle of our Nation’s immigration laws that has enjoyed widespread support.

  • Public charge has been a part of United States immigration law for more than 100 years as a ground of inadmissibility.
  • Congress passed and President Bill Clinton signed two bipartisan bills in 1996 to help stop aliens from exploiting public benefits.
    • This included the Personal Responsibility and Work Opportunity Reconciliation Act and the Illegal Immigration Reform and Immigrant Responsibility Act.
    • As Congress made clear at the time, it is our national policy that aliens should “not depend on public resources to meet their needs.”
  • Americans widely agree that individuals coming to our country should be self-sufficient, with 73 percent in favor of requiring immigrants to be able to support themselves financially.

PRESERVING THE SOCIAL SAFETY NET: We must ensure that non-citizens do not abuse our public benefit programs and jeopardize the social safety net needed by vulnerable Americans. 

  • Large numbers of non-citizens and their families have taken advantage of our generous public benefits, limited resources that could otherwise go to vulnerable Americans.
  • 78 percent of households headed by a non-citizen with no more than a high school education use at least one welfare program.
  • 58 percent of all households headed by a non-citizen use at least one welfare program.
  • Half of all non-citizen headed households include at least one person who uses Medicaid.

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