New Gov't Data: 53,000 DACA Recipients Already had an Arrest Record When DACA Status Was Granted

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53,000 people who have been approved for DACA (about 8% of the total number of DACA recipients) had an arrest record when the government granted them status.

  • 10 had been arrested for murder
  • 31 had rape charges on their records
  • Almost 500 had been accused of sex crimes
  • Over 2,000 had been arrested on charges of drunk driving
  • Two dozen won DACA status despite having more than 10 arrests on their record. More than 1,200 others had been arrested between five and nine times.
You might be wondering why these people are eligible for DACA despite these arrest records. It's because DACA’s eligibility requirements focus only on felony convictions and convictions for "significant misdemeanors". So someone who was arrested 15 times, including for rape and murder, would still be DACA-eligible so long as he could plea down to a misdemeanor for a lesser offense.



https://www.washingtontimes.com/new...c&utm_medium=twitter&utm_source=socialnetwork

By Stephen Dinan - The Washington Times - Monday, June 18, 2018
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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Aaaaaand cue surprise:

“oh gosh I’m surprised”

Hmm hard to fake
 
Article breaks it all down pretty well. Just seems to be a matter of using our best judgement in the approval process and not universally denying people accused but not convicted, or convicted of something minor. As long as the cases are appropriately reviewed and we hold ourselves accountable, the results will bear it out. I don’t find the numbers that staggering considering the inherent circumstances of the people and the system itself.

Should highlight that the article notes there’s no dates accompanying the numbers here, so we don’t know if these people were approved under Obama or Trump.

Maybe we can use that as a good reason not to immediately make this partisan.
 
Two dozen out of 53000 doesn't seem like a large amount at all.
 
Oh but the women and children! And the hard workers with a dream! Just let em in, you heartless bigots.
 
What wasn't clear about my post?
It doesn't say 2 dozen out of 53,000. Its all 53,000.

The 2 dozen is for people who have been arrested more than 10 times. Only the best Senors and Senoritas.
 
1 out of 26 had a DUI? That's a ratio of 3.84% of all of these DACA recipients.

If we applied that only to adults in the USA (245.3m) we would have over 9.25m people with a DUI on their record, and if we applied it only to licensed drivers (222m), it would still be ~8.4m total people. How does that shake out?
https://www.quora.com/What-percentage-of-people-in-the-US-have-a-DUI-DWI-conviction
What percentage of people in the US have a DUI/DWI conviction?

Tim Dees
, Retired cop and criminal justice professor, Reno Police Department, Reno Municipal Court, and Pyramid Lake ...
Answered Mar 23, 2016

This government webpage says there are about 210 million licensed drivers in the United States. This other government webpage says that one percent of licensed drivers are arrested for DUI in any given year.

The second webpage referenced also mentioned the proportion of drunk drivers who had previous DUI convictions. It varies considerably from state to state, but I used the average of the 12 states listed, which comes to 31.7% (more if you live in New Mexico or Minnesota, less in Iowa).

Further data taken from those pages says that there were 112 million licensed drivers in 1970, and that has grown by about 1.6% per year since then.

So, I used an Excel sheet to calculate the number of licensed drivers for each year between 1970 and 2016 inclusive, assumed one percent of those got busted for DUI, and that 31.7% of those were repeat offenders. That gave me a figure of between 765,296 (1970) and 1,588,327 (2016) people arrested for DUI each year. Cumulatively, that came to 53,027,785 people. If there are about 319 million people in the U.S., that means that 17% of them have a DUI conviction.

Lots of assumptions and approximations here:

  • Ignores anyone born before 1952 (people who would have been 18 in 1970, and charged as adults), and anyone who died between 1970 and the present.
  • Assumes arrest rate was consistent from year to year.
  • Ignores multiple repeat offenders, e.g those with 3, 4, 10, etc. previous arrests.
  • Does not account for unlicensed drivers arrested for DUI
Even with all those assumptions, I get a sense this 17% figure is about right.
Looks like this DACA group is roughly 1/5th as likely to get a DUI as the general population. Let's remind ourselves of these larger truths while we put these people under the microscope.

The microscope isn't nice to anyone. There is a panacea for the best place to be for any person in any location at any time: not-under-the-microscope.
 
I, as a Canadian, wouldn't be able to cross the US border to go visit Disney with my family if I had these charges on my record. And I would be turning around and going home after a week.

Just saying
 
8% is extremely low. An arrest record doesn't really mean anything. Looking at a similar age group, 50% of black men and 40% of white men have an arrest record by 23 years old.

That's 8% after removing everyone who has felony convictions and convictions for "significant misdemeanors".

Why would we want to give protection from deportation and work permits to even a single illegal alien who has been arrested over 10 times?

If 10 times isn't too many for you, is there any number that would be too many?
 
The post itself. Two dozen what?
The OP notes that two dozen DACA recipients had been arrested over 10 times when they were approved for DACA.

@FIMN 's response was: that's not very many. A better response would have been:

Why would we want to give protection from deportation and work permits to even a single illegal alien who has been arrested over 10 times?
 
1 out of 26 had a DUI? That's a ratio of 3.84% of all of these DACA recipients.

If we applied that only to adults in the USA (245.3m) we would have over 9.25m people with a DUI on their record, and if we applied it only to licensed drivers (222m), it would still be ~8.4m total people. How does that shake out?
https://www.quora.com/What-percentage-of-people-in-the-US-have-a-DUI-DWI-conviction

Looks like this DACA group is roughly 1/5th as likely to get a DUI as the general population. Let's remind ourselves of these larger truths while we put these people under the microscope.

The microscope isn't nice to anyone. There is a panacea for the best place to be for any person in any place at any time: not-under-the-microscope.

Sure: we have plenty of crime already without importing more.

Here's the key point you didn't mention: from the start, President Obama could have excluded those with multiple arrests from the DACA program.

Instead he let them in, and now well over 2,000 criminals have had to be removed from the DACA program due to convictions of serious crimes including murder, rape and human smuggling. These are crimes that would not have been otherwise committed inside our borders.
 
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