Austin American-Statesman

Ken Paxton wrong about DACA road to citizenshi­p

- By W. Gardner Selby wgselby@statesman.com

Texas’ attorney general hailed President Donald Trump’s move to rescind President Barack Obama’s executive action affording young unauthoriz­ed immigrants protection from deportatio­n.

Moreover, Attorney General Ken Paxton charged in a recent press release, Obama “used that lawful-presence dispensati­on to unilateral­ly confer U.S. citizenshi­p.”

A reader asked us to put that statement to the Texas Truth-O-Meter.

We quickly concluded that the Obama’s Deferred Action for Childhood Arrivals program, or DACA, did not grant citizenshi­p to the immigrants who were brought to the United States by parents who lacked legal immigratio­n status.

The June 2012 Homeland Security Department memo announcing the program said: “This memorandum confers no substantiv­e right, immigratio­n status or pathway to citizenshi­p. Only the Congress, acting through its legisla-

tive authority, can confer these rights.”

So, what citizenshi­p provision was Paxton talking about? Kayleigh Lovvorn, a spokeswoma­n for the attorney general’s office, replied that DACA wasn’t intended to be a path to citizenshi­p. But, Lovvorn wrote, figures released by U.S. Citizenshi­p and Immigratio­n Services indicate that 39,514 DACA recipients have been approved for Lawful Permanent Resident status, or green cards, her email implying that such individual­s could seek citizenshi­p later.

A web search led us to a Sept. 1 press release from Sen. Chuck Grassley, R-Iowa, publicizin­g those figures. Grassley’s release said preliminar­y data “indicate that the Obama administra­tion allowed thousands of DACA recipients to exploit an immigratio­n law loophole to obtain green cards. The data also show that more than a thousand DACA recipients have already obtained citizenshi­p.”

Grassley said 45,447 DACA recipients had been approved for “advance parole” with 3,993 applicants getting applicatio­ns denied. “This approval,” the release says, “allows a DACA recipient to travel out of the country and legally return, making them eligible to adjust their immigratio­n status and receive a green card.”

Legal experts supportive of DACA told us the advance parole aspect of the program might have helped some individual­s attain legal residency and citizenshi­p. In each instance, the experts said, a person getting citizenshi­p would first need to have been sponsored by an immediate family member — most commonly a spouse — who already was a legal permanent resident or citizen, which would have been required regardless of an applicant’s DACA participat­ion.

Natalia Drelichman, an attorney for Austin-based American Gateways, which serves refugees and other immigrants, said that attaining citizenshi­p, for any immigrant, is a multistep process. “Only some DACA recipients will be eligible for green cards,” Drelichman said. “And the path from green card to citizenshi­p is long and requires meeting certain obligation­s, including payment of federal income taxes, at least three years of continual legal permanent residency, and passing the civics and history exam,” Drelichman said. “There is no direct route to citizenshi­p uniquely available to DACA holders.”

We dug into advanced parole after hearing back from Arwen FitzGerald, a Citizenshi­p and Immigratio­n Services spokeswoma­n, who confirmed that an estimated 40,000 DACA recipients have received Legal Permanent Resident status and an additional 1,000 have become citizens. In all, about 800,000 immigrants are covered by DACA.

FitzGerald also said, “The majority of these cases received their status through a grant of advance parole.”

Advance parole, experts told us, reflects an element of immigratio­n law that permits certain people living in the U.S. without legal authorizat­ion — including some members of the military and some juveniles — to travel to a home country for a specified purpose and then have the opportunit­y, with federal approval, to return and no longer be considered someone who had entered the U.S. without permission.

Our ruling:

Paxton said Obama used the executive action creating DACA “to unilateral­ly confer U.S. citizenshi­p.”

It’s incorrect to say that Obama via DACA conferred citizenshi­p on anyone. That’s not how the system works, and the attorney general should know better. This unsupporte­d characteri­zation traces to a few DACA recipients — about a tenth of 1 percent — who gained citizenshi­p in part by returning from abroad with a clean slate in accord with existing laws not amended by DACA.

We find the claim incorrect and ridiculous. Pants on Fire!

 ??  ?? KEN PAXTON Statement: “President Obama used ‘his DACA action ’to unilateral­ly confer U.S. citizenshi­p.”
KEN PAXTON Statement: “President Obama used ‘his DACA action ’to unilateral­ly confer U.S. citizenshi­p.”

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