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DACA: ‘Dreamers’ include those arrested for murder, rape and other sex crimes

June 20, 2018

GOPUSA

6/19/2018

Source …..

Ten people who’d been arrested on murder charges were nonetheless granted permission to remain and work in the U.S. under the Obama-era DACA amnesty, according to new government data released Monday.

Thirty-one “Dreamers” had rape charges on their records, nearly 500 had been accused of sex crimes, and more than 2,000 had been arrested for drunken driving — yet were approved for DACA status.

All told, 53,000 people who have been approved for DACA — 7 percent of the total — had a criminal record when the government granted them status. Nearly 8,000 racked up criminal charges after they’d been approved, according to the data from U.S. Citizenship and Immigration Services.

DACA turned six years old on Friday and is back in the news as the House of Representatives begins to debate whether to grant a broad amnesty to Dreamers, and as courts across the country grapple with the legality of the 2012 program.

The new data will likely affect both the legislative and court action, since it gives some indications of the levels of screening, and waivers, the government is willing to offer for Dreamers who apply.

All told more than 888,000 people have applied for DACA status over the years. Of those, more than 770,000 were approved. Nearly 67,000 were rejected — and of those, about 31 percent had criminal records, the data show.

The new data looks at arrests.

DACA’s eligibility requirements, though, were written to focus on convictions.

Under the rules laid out by the Obama administration, which are unchanged under President Trump, someone with a felony conviction, a “significant” misdemeanor or three non-significant misdemeanors was supposed to be ineligible.

“You have to have a conviction. You can be arrested a whole lot of times and get DACA,” USCIS Director Francis Cissna told Fox News.

Many traffic offenses, including driving without a license, don’t count against someone applying for DACA.

In theory, any criminal history at all, even if it didn’t cross the conviction thresholds, could have led to a discretionary denial. But the number of people approved with lengthy records suggests that didn’t always happen.

Two dozen Dreamers won DACA despite having more than 10 arrests on their record. More than 1,200 others had been arrested between five and nine times.

The new data didn’t break down the arrests or approvals by year so it’s not clear how many Dreamers with major arrests were approved during the Obama administration and how many came under Mr. Trump

The House this week is slated to debate an immigration bill that would grant citizenship rights to those in the DACA program, as well as perhaps 1 million other illegal immigrants.

The bill, like the DACA program, relies on convictions rather than arrests, so the Dreamers with more than 10 arrests and those with rape, murder and sex crime arrests could be eligible.

The GOP bill also specifically allows illegal immigrants convicted of smuggling people into the U.S. — a felony charge — to claim citizenship.

The reason for that exception is not clear, though smuggling cartels had increasingly seemed to be recruiting DACA recipients as drivers to smuggle illegal immigrants, judging by a spate of arrests earlier this year.

In one case Alejandro Castro, guilty of smuggling in San Diego, was sentenced to time served.

The crime carries a penalty of up to 10 years.

In Arizona, Saul Rodea Castro pleaded guilty and was sentenced to time served for smuggling four men from Mexico. He was the pickup man for a cartel that had arranged for the Mexicans to be smuggled across the border, at a cost of up to $8,000 per person.

In Texas DACA recipient David Luna-Martinez is awaiting sentencing after pleading guilty in April to carrying two illegal immigrants from Mexico for a smuggler.

 

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  1. June 20, 2018 8:02 pm

    Jeff Kropf Radio Show: Criminal Participants in the U.S. Citizens and Immigration Service (CIS), Deferred Action for Childhood Arrivals (DACA) Program

    June 20, 2018

    Mr. Kropf:

    Today we take a look at for your KSLM AM 1220 radio listeners the U.S. Citizenship and Immigration Services (CIS) Deferred Action for Childhood Arrivals (DACA) program and troubling facts about the number of DACA requesters who have been arrested.

    Furthermore, we will name for your radio show listeners three illegal aliens who have been DACA requesters who have been arrested and convicted of serious crimes here in the Pacific Northwest part of the United States of America.

    Here is a description of what DACA is and what it isn’t:

    “What Is DACA

    On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several guidelines may request consideration of deferred action for a period of two years, subject to renewal. They are also eligible for work authorization. Deferred action is a use of prosecutorial discretion to defer removal action against an individual for a certain period of time. Deferred action does not provide lawful status.” – U.S. Citizenship and Immigration Services

    Individuals’ who are eligible and want to participate in the DACA program must meet seven requirements:

    “Guidelines

    You may request DACA if you:

    1. Were under the age of 31 as of June 15, 2012;

    2. Came to the United States before reaching your 16th birthday;

    3. Have continuously resided in the United States since June 15, 2007, up to the present time;

    4. 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;

    5. Had no lawful status on June 15, 2012;

    6. 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

    7. 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.” – U.S. Citizenship and Immigration Services

    This week some troubling facts came to light, between 2012 and 2018 the U.S. Citizenship and Immigration Services (CIS) Deferred Action for Childhood Arrivals (DACA) program had 59,886 DACA requestors who were approved for the program that had been arrested — 7.76 percent of the DACA requesters (U.S. CIS source of data: DACA Requestors with an IDENT Response – preview.uscis.gov.)

    More troubling, U.S. Citizenship and Immigration Services DACA program approved 53,792 DACA requestors with prior arrests.

    Additionally troubling, U.S. Citizenship and Immigration Services DACA program approved 7,814 DACA requestors with later arrests.

    Here are examples of three DACA requestors (participants) Francisco J. Rodriguez-Dominguez, Salvador Diaz-Garcia and Jonathan Alcantara Romero who have serious criminal convictions.

    Francisco J. Rodriguez-Dominguez (It is unknown if CIS terminated his participation in DACA.)

    On Sunday, March 26, 2017 U.S. Immigration and Customs Enforcement (ICE) Deportation officers arrested Mexican national Francisco J. Rodriguez-Dominguez, age 25, at his residence in Portland, Oregon. The reason ICE officers arrested Rodriguez-Dominguez was apparently related to a local conviction for Driving Under the Influence of Intoxicants (DUII).

    Some background information: Francisco J. Rodriguez-Dominguez is a U.S. Citizenship and Immigration Services (CIS) Deferred Action for Childhood Arrivals (DACA) participant.

    Wanting to know more details on the immigration status of Francisco J. Rodriguez-Dominguez, I contacted March 28, 2017 via a cell phone call Northwest Immigration and Customs (ICE) Spokesperson Rose M. Richeson.

    The same day, on March 28th, here is what ICE Spokesperson Richeson had to say via e-mail in response to my inquiry for information on Francisco J. Rodriguez-Dominguez:

    “The following information can be attributed to me – Rose Richeson, U.S. Immigration and Customs Enforcement spokesperson:

    Deportation officers with U.S. Immigration and Customs Enforcement (ICE) took Mr. Rodriguez into custody March 26. He was targeted for arrest based upon his guilty plea in December to a charge of driving under the influence of intoxicants, an offense ICE deems a threat to public safety. Mr. Rodriguez was transferred to the Northwest Detention Center and subsequently released on bond March 27 pending the outcome of removal proceedings before an immigration judge with the Department of Justice’s Executive Office for Immigration Review.

    ON BACKGROUND (from an ICE official):

    ICE has arrested recipients of Deferred Action for Childhood Arrivals (DACA) during enforcement operations in the past who, based on their criminal history, fall under ICE’s enforcement priorities, including individuals who pose a potential threat public safety. I would refer you to our colleagues at U.S. Citizenship and Immigration Services for more details about DACA eligibility and disqualifying factors like criminal convictions.” – Rose M. Richeson, ICE Spokesperson.

    As of June 19, 2018 I don’t know Francisco J. Rodriguez Dominguez’s current location.

    Analysis of the preceding information:

    It appears ICE Deportation officers arrested Francisco J. Rodriguez Dominguez because he had committed a significant misdemeanor, a DUII, and he posed a threat to public safety of the citizens and residents of the country, furthermore, he violated the terms of his DACA status.

    A troubling fact, according to a U.S. Department of Homeland Security (DHS) press release dated March 20, 2017 titled “U.S. Immigration and Customs Enforcement (ICE) Declined Detainer Outcome Report” since April 2014 the Multnomah County Jail will not honor an ICE detainer without court order or warrant.

    Salvador Diaz-Garcia (CIS terminated his participation in DACA)

    On Thursday, June 29, 2017 Salvador Diaz-Garcia (ID: 1953541; DOB: 2/06/94), age 23, was arrested by law enforcement in the City of Burien (King County Sheriff’s Office provides law enforcement for the city). A view of the King County Regional Justice Center.website revealed Salvador Diaz-Garcia had been charged with Assault, Assault in the Second Degree and Child Molestation in the Third Degree. Diaz-Garcia’s bail has been set at $350,000.00.

    The charges against Salvador Diaz-Garcia (Current booking #217019023) are related to his alleged violent attack on a 19-year-old female and in an unrelated incident evolving the alleged molestation of a 14 year old girl.

    According to local news media, a King County Sheriff Deputy’s incident report described the 19-year-old female as having extensive head injuries that included right ear torn and dangling, front teeth missing or damaged, upper lip torn and head cuts. Details about the molestation of 14 year old girl are also covered in by the same online local media outlet.

    Wanting to know the current immigration status of Salvador Diaz-Garcia, I contacted via e-mail and a phone call on Thursday, August 3, 2017 Western Region Director U.S. Immigration and Customs Enforcement (ICE) Spokesperson Virginia C. Kice.

    Just hours later, on same day, here is what ICE Spokeswoman Kice had to say via e-mail in response to my inquiry for information on Salvador Diaz-Garcia:

    “David…as I mentioned on the phone…we have lodged a detainer against this individual…although as you know…very few law enforcement agencies in the Washington honor our detainers.” – Virginia C. Kice, ICE Spokesperson

    I had also inquired from ICE Spokesperson Kice about Salvador Diaz-Garcia’s DACA status, so the ICE Spokesperson forwarded my questions to U.S. CIS Spokesperson Gillian M. Christensen.

    Here is what CIS Spokesperson Christensen had to say on the afternoon of August 3rd about Salvador Diaz-Garcia’s DACA status:

    “Salvador Garcia Diaz was granted DACA in June 2013 and was an active DACA recipient at the time the crime was committed. His DACA has been terminated today, per standard procedure, based on his criminal arrest.” – Gillian M Christensen, CIS Spokesperson

    On June, 19, 2018 Salvador Diaz-Garcia was incarcerated at the King County Regional Justice Center.

    Analysis of the preceding information:

    U.S. Citizenship and Immigration Services’ termination of Salvador Diaz-Garcia being an active Deferred Action for Childhood Arrivals recipient means there is one less of the approximately 17,843 active US CIS DACA recipients living in the State of Washington. A reminder about DACA, “Deferred action does not provide lawful status” (DACA recipients and their parents are all illegally present in the United States).

    The Center for Immigration Studies, a Washington, D.C. based immigration issue think tank, has identified King County, Washington, where the City of Burien is located, as sanctuary for illegal aliens.

    Jonathan Alcantara Romero (CIS terminated his participation in DACA)

    On Wednesday, August 30, 2017 Jonathan Alcantara-Romero (SID: 20837259; DOB: 5/13/1991), age 26, was arraigned in Yamhill County Circuit Court on charges of Sexual Abuse in the First Degree and Attempted Sexual Abuse in the First Degree. The charges against Jonathan Alcantara-Romero are related to his alleged illicit involvement with a 14-year-old girl.

    Wanting to know the current immigration status of Jonathan Alcantara-Romero, I contacted via e-mail on Tuesday, September 12, 2017 U.S. Immigration and Customs Enforcement (ICE) Western Regional Communications Director/Spokesperson Virginia C. Kice.

    The next day, September 13th here is what ICE Spokeswoman Kice had to say via e-mail in response to my inquiry for information on Jonathan Alcantara-Romero:

    “U.S. Immigration and Customs Enforcement (ICE) transferred Mr. Alcantara to the custody of the Yamhill County Sheriff’s Office Aug. 29 in furtherance of his criminal prosecution for a felony sex offense. At that time, ICE deportation officers lodged an immigration detainer against Mr. Alcantara.

    Since Oregon authorities generally don’t honor the agency’s detainers, prior to transferring Mr. Alcantara to the custody of local authorities, ICE officers requested and received a transportation order signed by a Yamhill County Circuit Court judge ordering that he be returned to ICE custody upon completion of the criminal proceedings.

    ICE took Mr. Alcantara into custody Nov. 2, 2016, and placed him in removal proceedings. ICE targeted Mr. Alcantara for arrest based upon his October 2016 conviction related to multiple misdemeanor counts, including Driving Under the Influence of Intoxicants. Shortly after his arrest by ICE, U.S. Citizenship and Immigration Services terminated Mr. Alcantara’s Deferred Action for Childhood Arrivals. On Aug. 14 an immigration judge with the Department of Justice’s Executive Office for Immigration Review ordered Mr. Alcantara removed from the United States.” – Virginia C. Kice, ICE Spokesperson.

    Jonathan Alcantara-Romero has been incarcerated in the Oregon Department of Corrections (DOC) prison system since December 19, 2017 at the Oregon State Penitentiary for the crime of First Degree Sex Abuse. Alcantara’s earliest release date is July 20, 2018.

    Analysis of the preceding information:

    The story of Jonathan Alcantara Romero being returned by U.S. Immigration and Customs Enforcement from the ICE Tacoma Northwest Detention Center in the State of Washington to Yamhill County, Oregon to face local criminal charges is a encouraging story of some level of cooperation between ICE and a local Yamhill County Circuit Court judge and local county law enforcement officials.

    Jonathan Alcantara Romero’s being picked up by U.S. Immigration and Customs Enforcement after his conviction in Yamhill County for multiple misdemeanors, like Driving Under the Influence of Intoxicants (DUII), is an strong indicator that ICE is working hard to remove criminal aliens from the state despite the State of Oregon’s sanctuary statute (ORS 181A.820).

    U.S. Citizenship and Immigration Services’ termination of Jonathan Alcantara Romero being an active Deferred Action for Childhood Arrivals participant means there is one less of the approximately 11,281 active US CIS DACA recipients living in the State of Oregon. A reminder about DACA, “Deferred action does not provide lawful status” (DACA recipients and their parents are all illegally present in the United States).

    Jeff, based on my experience of researching foreign national crime (criminal aliens) locally and nationally over the last 10 years, I believe states or localities that have sanctuary laws, ordinances or resolutions have higher levels of alien crime.

    David Olen Cross of Salem, Oregon is crime researcher who writes on immigration issues and foreign national crime. The preceding report is a service to federal, state, county and city elected and non elected governmental officials to help them assess the impact of foreign national crime in the United States of America. He can be reached at docfnc@yahoo.com. His past crime reports can be found at http://docfnc.wordpress.com/.

    https://docfnc.wordpress.com/2018/06/20/jeff-kropf-radio-show-criminal-participants-in-the-u-s-citizens-and-immigration-service-cis-deferred-action-for-childhood-arrivals-daca-program/

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