SUPREME COURT COPY SUPREME COURT
Bar Misc. 4186 FILED
5202512
JUL 27 2012
IN THE SUPREME COURT
OF THE STATE OF CALIFORNIA
—
Frank A. McGuire Clerk
Deputy
IN RE SERGIO C. GARCIA ON ADMISSION
REQUESTFOR JUDICIAL NOTICE BY
PROPOSED AMICUS CURIAE CESAR VARGAS
IN SUPPORT OF APPLICANT SERGIO C. GARCIA
CYNTHIA J. LARSEN (SBN 123994) JUDY KWAN(SBN273930)
clarsen@orrick.com
ORRICK, HERRINGTON & SUTCLIFFE
LLP
400 Capitol Mall, Suite 3000
Sacramento, CA 95814-4497
Telephone: (916) 447-9200
Facsimile: (916) 329-4900
SARAH C. MARRIOTT (SBN 241301)
smarriott@orrick.com
ALEXIS YEE-GARCIA (SBN 277204)
aygarcia@orrick.com
ORRICK, HERRINGTON & SUTCLIFFE
LLP
The Orrick Building
405 HowardStreet
San Francisco, CA 94105-2669
Telephone: (415) 773-5700
Facsimile: (415) 773-5759
jkwan@orrick.com
ORRICK, HERRINGTON &
SUTCLIFFE LLP
777 S. Figueroa Street
Suite 3200
Los Angeles, CA 90017-5855
Telephone: (213) 629-2020
Facsimile: (213) 612-2499
JOSE PEREZ
(PRO HAC VICE PENDING)
jperez@latinojustice.org
LATINOJUSTICE PRLDEF
99 HudsonStreet, 14" Floor
New York, NY 10013
Telephone: (212) 219-3360
Facsimile: (212) 461-4276
Attorneys for Amicus Curiae Cesar Vargas
INTRODUCTION
PLEASE TAKE NOTICEthat proposed amicus curiae Cesar
Vargasfiles this Request for Judicial Notice and Declaration in support of
HIS request. Pursuant to California Rule of Court 8.252, Evidence Code
section 452, subdivisions(a), (c), (g), and (h), this proposed amicus now
seeks judicial notice of the eleven documents attached to this request that
are relevantto the issues raised in the proposed brief and addressedin the
proposedbrief:.
Exhibit 1:
Exhibit 2:
Exhibit3:
David M. Herzenhorn, Passion and Politics on
Immigration Act, N.Y. TIMES, September 21,
2010,
http://www.nytimes.com/2010/9/22/us/politics/
22immig.html;
Claudia Torrens, ///egal Alien Lawyer?,
BROOKLYN DAILY EAGLE, March9, 2012,
http://www.brooklyneagle.com/articles/illegal-
alien-lawyer;
Jose Antonio Vargas, How Obama’s New
Policy Affects Undocumented Youth — and Me,
TIME MAGAZINE, June 18, 2012,
http://ideas.time.com/20 1 2/06/18/how-obamas-
new-policy-affects-undocumented-youth-and-
Exhibit 4:
Exhibit 5:
Exhibit 6:
Exhibit 7:
me;
Laura Litvan & Caroline Fairchild, Obama
Policy on Young Immigrants Creates 800,000
Dreams BLOOMBERG.COM,June 21, 2012,
http://www.bloomberg.com/news/2012-06-
22/obama-policy-on-young-immigrants-creates-
800-000-dreams.html;
Alan Gomez, Qualified illegal immigrants seek
rights to practice law, USA TODAY,July 2,
2012,
http://www.usatoday.com/news/nation/story/20
12-07-01/illegal-immigrants-want-to-practice-
law/55943734/1;
Miranda Leitsinger, Can an illegal immigrant
become a lawyer?, MSNBC.coM,July 17,
2012,
http://usnews.msnbc.msn.com/_news/2012/04/2
4/11369925-can-an-illegal-immigrant-become-
a-lawyer?lite;
Statement from Secretary of the Department of
HomelandSecurity, Janet Napolitano regarding
new executive policy “Secretary Napolitano
Announces Deferred Action Process for Young
People Who Are Low EnforcementPriorities”;
Exhibit 8: Release from the Office of the Press Secretary
of the White House “Remarks by the President
on Immigration”;
Exhibit 9: Rules from the New York State Department of
Motor Vehicles regarding acceptable
documentation of legal presence;
Exhibit 10: Rules from the California State Department of
Motor Vehicles regarding acceptable
documentation of legal presence (extraneous
pages omitted);
Exhibit 11: Department of Homeland Security publication
titled “Estimates of the Unauthorized Immigrant
Population Residing in the United States:
January 2009.”
ARGUMENT
I THE COURT SHOULD NOTICE JUDICIALLY EXHIBITS1,
2, 3. 4,5, AND 6, ARTICLES APPEARING IN VARIOUS
PUBLICATIONS, INCLUDING THE NEW YORK TIMES, A
NEWSPAPER OF RECORD.
Proposed amicus curiae requests that this Court take judicial
notice of Exhibits 1, 2, 3, 4, 5, and 6 pursuant to Evidence Code section
452, subdivision (h) on thebasis that the publication of thesearticlesis a
“(flact and proposition that are not reasonably subject to dispute and are
capable of immediate and accurate determination by resort to sources of
reasonably indisputable accuracy.” Proposed amicus curiae submits these
articles for judicial notice on the basis that they reflect as representative the
types of individuals who maybe affected by the Court’s decision.
Il. THE COURT SHOULD NOTICE JUDICIALLY EXHIBITS 7
AND 8, INFORMATION AND STATEMENTS PREPARED
BY FEDERAL OFFICIALS REGARDING UNDOCUMENTED
“DREAMERS” AND THEIR ELIGIBILITY FOR WORK
AUTHORIZATION,
Proposed amicus curiae requests that this Court take judicial
notice of Exhibits 7 and 8 pursuant to Evidence Codesection 452,
subdivision (c), on the basis that they represent official acts of an executive
departmentofthe United States. Exhibit 7 is a statement from Secretary of
the Department of HomelandSecurity, Janet Napolitano, describing the
new deferred action processfor individuals like proposed amicus curiae
Cesar Vargas andother bar applicants who maybe affected by the Court’s
decision in this matter. This process includes work authorization eligibility
for such individuals. Exhibit 8 is President Barack Obama’s speech
publicizing Secretary Napolitano’s announcementand expandingonhis
reasoning for establishing this new policy.
These exhibits may also be noticed judicially under California
Evidence Codesection 452, subdivisions (g) and (h), which authorize the
taking ofjudicial notice as to matters of “common knowledge”and of
“[flacts and propositions that are not reasonably subject to dispute and are
capable of immediate and accurate determination by resort to sources of
reasonably indisputable accuracy.”
Ill. THE COURT SHOULD NOTICE JUDICIALLYEXHIBITS9
AND 10 AS STATUTORY LAW OF THE RESPECTIVE
STATES.
Proposed amicus curiae requests that this Court take judicial
notice of Exhibits 9 and 10 pursuant to Evidence Code section 452,
subdivision (a), on the basis that they are the “statutory law of[a] state of
the United States.” Exhibit 9 is the form describing acceptable proofs of
identity for the purposesofobtaininga state-issued driver’s license in New
York. Exhibit 10 is the official website of the California Department of
Motor Vehiclesalso describing acceptable proofs of identity for the
purposesof obtaininga state-issued driver’s license. Both of these
documents show that Employment Authorization Cardslike those that
would likely be available under President Obama’s new deferred action
program wouldbeacceptable for this purpose. This new deferred action
would thereby allow undocumentedattorneys like proposed amicus curiae
Mr. Vargasto obtain government-issued photoidentification.
IV. THE COURT SHOULD NOTICE JUDICIALLY EXHIBIT 11
BECAUSE IT DOCUMENTSFACTS AND PROPOSITIONS
THAT ARE NOT REASONABLY SUBJECT TO DISPUTE.
Proposed amicus curiae requests that this Court take judicial
notice of Exhibit 11 pursuant to Evidence Code section 452, subdivision (h)
on the basis that this documentcontains “[f]acts and propositions that are
not reasonably subject to dispute and are capable of immediate and accurate
determination by resort to sources of reasonably indisputable accuracy.”
This document was produced by the Department of Homeland Security’s
Office of Immigration Statistics, which is responsible for collecting and
maintaining information of this nature. These facts are not reasonably
subject to dispute becausethere is no other agency or group that has access
to similar comprehensive data about immigration in the UnitedStates.
Further, these facts come from a source of reasonably indisputable
accuracy:the federal government.
V. CONCLUSION
For the foregoing reasons, proposed amicus curiae Cesar
Vargasrespectfully requests that this Court grant the above requests for
judicial notice.
Dated: July 18, 2012 Respectfully submitted,
By: f-
EXIS*YEE-GARCIA
Attorneys for amicus curiae Cesar Vargas
CYNTHIA J. LARSEN (SBN 123994)
ORRICK, HERRINGTON & SUTCLIFFE LLP
400 Capitol Mall, Suite 3000
Sacramento, CA 95814-4497
SARAH C. MARRIOTT(SBN 241301)
ALEXIS YEE-GARCIA (SBN 277204)
ORRICK, HERRINGTON & SUTCLIFFE LLP
The Orrick Building
405 Howard Street
San Francisco, CA 94105-2669
JUDY KWAN(SBN 273930)
ORRICK, HERRINGTON & SUTCLIFFELLP
777 S. Figueroa Street, Suite 3200
Los Angeles, CA 90017-5855
JOSE PEREZ
(Pro Hac Vice Pending)
LATINOJUSTICE PRLDEF
99 HudsonStreet, 14th Floor
New York, NY 10013
Exhibit 1
Passion and Politics on Immigration Act - NYTimes.com Page 1 of 2
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September21, 2010
Passion and Politics on Immigration
Act
By DAVID M. HERSZENHORN
WASHINGTON — Cesar Vargas graduated from James Madison High Schoolin Brooklyn,
just like Senators Charles E. Schumer, Democrat of New York, and Bernard Sanders,
independentofVermont.
Andlike his fellow Madison alumni, Mr. Vargas wants to serve his country — in his case by
becoming a military lawyer after he graduates from the City University of New York law
school, whereheis in his third year.
But Mr. Vargas, who was broughtbyhis parents to the United States from Mexico when he
was 5, cannotjoin the armedforces. He cannotvote. He cannottravel outside the country or
he will not be allowed to return becauseheisanillegal immigrant.
On Tuesday, he was in Washington to help Democrats pressforlegislation that would give
immigrants like him a path to citizenship.
Thelegislation, known as the Dream Act, would give legal residency to immigrants who
arrived in the United States before age 16 andresidedherefor atleastfive years, earned a
high school degree and completed twoyearsof college or military service. They would be
subject to backgroundchecks, could not have a criminal record and,evenif successful,
wouldstill not be eligible for benefits like Pell grants.
At a newsconference with Senator Richard J. Durbin, Democratof Illinois, whois a leading
championofthe legislation, Mr. Vargas madean impassionedpitch forthebill.
“Without the Dream Act, I’m relegated to a mere shadow,”hesaid, after recounting his
longtime hopesofjoining the military. He said he had repeatedly tried to enlist, especially
after the Sept. 11 terrorist attacks, but was turned away.
“I’m asking Congressto give us the opportunity to serve the only country we know,the only
country wecall home,”hesaid.
http://www.nytimes.com/2010/09/22/us/politics/22immig.html?pagewanted=print 7/17/2012
Passion and Politics on Immigration Act - NYTimes.com Page 2 of 2
But this week, Senate Democrats seemed moreintenton talking about the act than on
passing it. By declaringhis desire to attach it to a major military bill, the majority leader,
Harry Reid of Nevada, sought to remind Hispanic voters that most Democrats supportedthe
immigration measure. The military bill was blocked on Tuesday, andit is unclear that Mr. |
Reid has enough votes, even among Democrats, to advance the Dream Act.
Some advocates said young immigrants werepolitical pawns.
“The tragedy is that the kids believe it is an honest process and get played by both sides,”
said Kevin Appleby,director of immigration policy for the United States Conference of
Catholic Bishops. “It can be very disheartening to them. They deserve a simple majority vote
based on the merits, not one caught up in procedure andpre-election politics.”
Julia Preston contributed reporting.
http://www.nytimes.com/2010/09/22/us/politics/22immig.html?pagewanted=print 7/17/2012
Exhibit 2
Illegal Alien Lawyer? | Brooklyn Daily Eagle | Page 1 of 3
Bloomberg moderates ail comments. Comments that are abusive or off-topic will not be posted to the site. Excessively ong comments may be
moderated as well. Bloomberg cannotfacilitate requests to remove comments or explain individual moderation decisions.
http://www.bloomberg.com/news/2012-06-22/obama-policy-on-young-immigrants-creates... 7/17/2012
Exhibit 5
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LaneROPERIn
Starpoints” enoughfor
oR. cule Re(aLN
Qualified illegal immigrants seek rights to practice =
law
By Alan Gomez, USA TODAY
Updated 7/2/2012 1:48 AM
Recommend(1.7K 170 4 =) on Body
Reprints & Permissions mom
Judgesin several states are preparing to answerthe latest question in the complex
world of immigration: Can anillegal immigrant legally practice law in the USA?
illegal immigrants brought to the USA aschildren, and
wholater graduated law schools in California, Florida and
New York, are trying to gain entry to their state bars so
they can work as attorneys.
Sergio Garcia's family illegally crossed into the USA from
Mexico when he was 17 monthsold, and he went on to
graduate from Chico State University and Cal Northern
School of Law. He took the state bar exam in July 2009
and passedit but was told he could notjoin the state bar
— a standard requirementforall practicing attorneys —
By ReneeC.Byer, for USA TODAY
Law school graduate Sergio Garcia has passed : Mo:
the California state bar exam but has been because he had checked a box on his application that —
ici his fami . : .prevented from pract ing law becausehi fam ly said he wasin the country illegally. Stor
entered the country illegally.
Sc
_ The California Supreme Court asked for opinions on the
_Sponsored Links question and could hold oral argumentsin Garcia's case mt
before making a decision. The California State Bartold Fe
the court this month that Garcia and others like him Bo
should be allowed to be licensed,butit is awaiting Vide
guidance from the Supreme Court. Ra
Ra
Ra
http://www.usatoday.com/news/nation/story/2012-07-01/illegal-immigrants-want-to-practi... 7/17/2012
Map YourFlood Risk
Page 2
Thoughthe ruling could apply only to Garcia, the 35-year-
Find Floodplan Maps, Facts, FAQs, Your . _. , Pho
Flood Risk Profile and More! old said the court's opinion could go a jong wayin a
www.floodsmart.gov . . . a
AmFam Foreclosure Webinar determining the fate of others like him. Me
Takethefirst step! Learn about assistance & Cn
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attorneys and people in mysituation. At least theywill Tor
have good guidance." and
For some,the idea of allowing people in Garcia's position 7
to legally work not only would encourage more people to die:
bypassthe legal immigration system but would throw a cloudofillegitimacy over the
country's legal system.
§
New
Edition
"There's a certain level of absurdity to someonetrying to practice law whenthey'rein
violation of the law," said Ira Mehlman of the Federation for American Immigration Reform,
which advocates lowerlevels of legal andillegal immigration. "It's unfortunate that children
find themselves in these situations due to the decisions that their parents made. But that's
unfortunately just the way it works. Weall suffer from poor decisions that our parents
made."
Reprin
Index| :
Others say forbiddingillegal immigrants from the legal profession would be a wasteof
talent. Three former presidents of the American Bar Association filed a friend-of-the-court
brief in a similar case in Florida.
Subhead here
Jose Manuel Godinez-Samperio was broughtto the USAillegally by his parents when he
was 9. He graduated from Florida State University College of Law in May 2011 andlater
passed the Florida state bar exam. The former Bar Association presidents argue thatthe
resilience exhibited by people in Godinez-Samperio's position makes them more than
qualified to practice law.
"Those who graduate from law school have overcomesubstantial obstacles — language
barriers, cultural differences, inadequate finances," the former presidents wrote. "Imposing
a blanket ban on their admission to the bar would be a waste of exceptional talent for our
profession.”
The debate comes as membersof Congressand state legislators around the country
grapple with the fate of the estimated 11 million illegal immigrantsliving in the USA.
http://www.usatoday.com/news/nation/story/2012-07-01/illegal-immigrants-want-to-practi... 7/17/2012
Page3 :°
The Obama administration has pushed for passage of the DREAMAct, which would grant
legal status to somechildren brought to the USA aschildren and whoeither attended
college or servedin the military. .
Opponents,including House Judiciary chairman Rep. Lamar Smith, R-Texas,sayit would
further encourage peopleto enter the country illegally. Some Republicans, including
Florida Sen. Marco Rubio, call for a different version of the DREAM Act, which would
allow someofthoseillegal immigrants to stay in the country but without the possibility of
~ full legal residency or U.S.citizenship.
Cesar Vargas, whosefamilyillegally crossed the border from Mexico whenhe was5,
graduated from the City University of New York School of Law and passed the New York
state bar exam in November. He hasn't been acceptedto the state bar.
Vargas has heard from othersin his situation in Texas, Arizona and Connecticut, and they
are creating a DREAM BarAssociation to push for the right to practice law.
Whatever comesofCalifornia's decision, Garcia says he's happyit will finally give people
some long-soughtclarity.
"If we succeed,then | think the public policy benefits will be incredible, andit'll motivate
people and let them knowthat the American dreamis still out there," he said. "If there
should bea finding against me, then at least people will know not to go law school
becauseit's pointless."
For more information about reprints & permissions,visit our FAQ's. To report corrections and clarifications, contact Standar
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Editor Brent Jones. For publication consideration in the newspaper, send commentsto letters@usatoday.com. Include nam
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Posted 7/1/2012 6:00 AM | Updated 7/2/2012 1:48 AM
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Exhibit 6
Can an illegal immigrant becomea lawyer? - U.S. News Page 1 of 4
Cananillegal immigrant become a lawyer?
By Miranda Leitsinger, NBC News
July 17, 2012, 12:08pm MSNBC.msn.com
im Jose Manuel Godinez-Samperio was
|B. brought to the United States from Mexico
by his parents when he wasnine yearsold.
Sixteen yearslater, he had graduated from
his Florida high schoolas class
valedictorian, become an Eagle Scout,
completed college and law school, and
passed the state bar exam.
~ But one big accomplishment eluded him:
citizenship. Godinez-Samperiois in the
DennvHenryfor msnbe.com Jose Manuel Godinez-Samperio at Capitol Hill country illegally, which could keep
him
on April 19. He is an undocumented immigrant, broughtto the U.S. jrom hievi .
Mexico as a child, whois seeking his lawlicense in Florida in what appears from achieving an
other part of his
to be a landmark ease. American dream: becoming a lawyer.
In whatappearsto be a landmarkcase, the Florida Supreme Court is going to consider whether
Godinez-Samperiohasthe right to practice the law -- a decision that could impact others who hope to
follow in his footsteps.
“It makes me feel that we’re living in a ... historical moment.I really think the last time something
like this happened was when African Americans and women were admittedto the bar,” he told
msnbc.com.“I think if we win this, itll be another historical civil rights mark.”
Godinez-Samperiois pressing his case as the national debate overillegal immigration heats up. On
Wednesday,the U.S. Supreme Court is set to hear oral arguments on the constitutionality of
Arizona’sstrict anti-illegal immigration law. And last week, Godinez-Samperio wasin the nation’s
capitol to lobby for the Dream Act, which would provide a path to legal status to some adults who
came to Americaillegally as children. Supporters are making a renewed push for the legislation after
it failed in the U.S. Senate in 2010.
Some11.5 million “unauthorized immigrants,” as the Department of HomelandSecurity calls them,
lived in the United States as of January 2011. Ofthat, 6.8 million were from Mexico,like Godinez-
Samperio, according to the department’s Office of Immigration Statistics.
Godinez-Samperio’s journey to the law began when he andhis parents left their home in Pachuca,
Mexico. They came ontourist visas, which they overstayed. He didn’t know English and it was a few
years before he beganto realize what his immigration status was and whatit meantfor his future.
He couldn’t get a social security numberora driver’s license, he didn’t have access to most financial
aid, he couldn’t work for compensation and has beenineligible for most internships and awards,
according to an essay he submitted for his law schoolapplication.
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Can an illegal immigrant become a lawyer? - U.S. News Page 2 of 4
But he said he managedto get private scholarships to help pay for his education, and volunteered
wherehe could-- such as helping domestic violence victims obtain immigrationrelief.
“For me,it’s very important to show that I have been a contributing memberofsociety (the) entire
time I have lived in this country,” he said. “ ... there’s no reason whyI shouldn’t be allowedto
contribute even more ... with a green card.”
When Godinez-Samperioapplied to take the bar exam last year, he sought a waiver becausehe didn’t
haveproofofhis immigration status, which is required by the Florida Board of Bar Examiners who
administer the test. States set their own requirementsfor those seeking to become a lawyer.
His request was granted. Godinez-Samperio took the bar exam in July and found out in September
that he had passed. He wasecstatic, until he learned in Novemberthat the board was going to seek an
advisory opinion from the state supremecourt on whether undocumented immigrants are eligible for
admission to the Florida Bar.
“T had mixed feelings,” he said. “I knew
that it was going to be an interesting
trajectory that I was about to begin.”
That journey has included a numberof
filings from the board andhis attorney,
Talbot “Sandy” D’Alemberte, as well as a
few friend-of-the-court submissions from
j groups supporting his application,
‘ea including three past presidents of the
| American Bar Association. “It’s the first time it’s ever been addressed
Deny Henryfor msnbe.com Cesar Vargas at Capitol Hill on April 19 0 in Florida, andI think it’s pr
obably the
launch a DreamAct-related campaign. He is an undocumentedimmigrant : * 5
from Mexico, broughtto the U.S. as a child, whois pushingfor bumigration first time it’s been before a supreme
court
lawreform. anywherein the country,” said Thomas
Arthur Pobjecky, the board’s general
counsel.
The board determined it was“a really serious matter” and decided to seek outthe court’s guidance in
these types of cases, which they expect to see more ofin the future.
“If the law says you cannot employ -- orit’s against the law to employ -- somebody whoisnotlegally
in this country, then when wesay... hereis a license to practice law in this country,are they not also
implying that you can hire this person and go ahead and pay him and everything else? So there is a
concern,” Pobjecky said. “Once the Florida Supreme Court licenses somebodyto be a lawyer, they’re
putting their stamp of approval on that person.” |
But D’Alemberte questioned why the board wouldlet his clientsit the exam if they did not intend to
give him alicense.
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Can an illegal immigrant become a lawyer? - U.S. News Page 3 of 4
“It just seems to us fundamentally unfair after he’s complied with every valid rule not to just go ahead
and admit him to the bar and leave to the immigration service whether he is complying with
immigration,” he said.
The possibility that undocumented immigrants could receive law licenses doesn’t sit well with some.
“I know whatthe policy ought to be, which is that ... someone who doesn’t have theright to be in the
United States shouldn’t be admitted to the bar, period,” said Mark Krikorian, executive director of the
Center for Immigration Studies, a Washingtonthink tank that supports tighter immigration controls.
“Thisis trying to steal a base. In other words, they’re trying to skip over the debate over whether
peoplein his situation should get legalized,” he added. “It’s one more way of trying to create a de
facto legalization.”
Cesar Vargas, an illegal immigrant from Mexico whohaspassed the bar exam andis in the process of
applying for his law license in New York,hasstarted a group, the Dream BarAssociation, to
advocate for people in his position. Membership numbers about two dozen, and includes those
interested in going to law schoolto those who have passed the bar.
“We're basically throwing the judicial branch into the immigration debate... through our cases,” he
said.
In California, Sergio Garcia, 35, an illegal immigrant, has been awaiting a decision since he passed
the bar exam in 2009. Becausethe admissions processis confidential, neither Garcia nor the bar could
speak abouthis application, though a bar spokeswoman said the application for admission doesn't
require citizenship.
ThomasFitton, of conservative Washington watchdog Judicial Watch,said the idea of an
undocumented immigrant working as a lawyerin the U.S. was “preposterous.”
“Theseare kind of, in some ways, public relations stunts, but you know,we’ll see what happens...
the whole notionofit is at odds with the rule of law and underminesfederal immigration law,” he
said. “I think those who’vepassed the bar should focus on making themselves legal as opposed to
bypassing the law.”
But others feel that admission should be done on a case-by-casebasis, taking into account whether a
specific applicant has met the moral charactertest of the application, said Stephen N. Zack, a former
ABApresident whohasfiled a brief in support of Godinez-Samperio.
“You can’t take onefinite point and say that that is an absolute determination of a person’s character,”
he said. “You haveto lookin a holistic way at the person’slife story and here, you have an
exceptional person.”
He also noted that bar candidates like Godinez-Samperio could offer some unique services, with the
nation headingto a “majority minority” status in the decades to come.
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Can an illegal immigrant become a lawyer? - U.S. News Page 4 of 4
“We need people whocanreach out and provide access to communities that ... have historically not
had access,andthis is the kind of personthat is ideal to provide that to the future generations,” he
said.
Video: Immigration officials mistakenly deported Dallas teen
Godinez-Samperio, who would like to work in immigration law, continues to research his case and to
work on promoting the Dream Act.
“This is a huge fight for me and fora lot of people,” he said.
Despite the challenges andthe uncertainty, he doesn’t regret going public before a Florida legislative
committee in April 2011 with his status, which few were awareofbefore.
“I decided to come out with my story because I’m undocumented,unapologetic and unafraid,” he
said. “Intelling the truth, I am risking my liberty, but that’s what a lawyer is about, is about telling the
truth ... so I’m beingas honestas I can possibly get, even to the pointof risking myliberty.”
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Exhibit 7
DHS| Secretary Napolitano Announces Deferred Action Process for Young People Who... Page 1 of 6
Homeland
security
Secretary Napolitano Announces Deferred Action
Process for Young People Who Are Low Enforcement
Priorities
La Secretaria Napolitano Anuncia Proceso De Accién Diferida Para Jévenes Que Sean De Baia Prioridad Para La
Aplicacién De La Ley
Overthe past three years, this Administration has undertaken an unprecedented effort to transform the immigration
enforcement system into onethat focuses on public safety, border security andthe integrity of the immigration system. As
DHScontinuesto focusits limited enforcement resources on the removalof individuals who posea dangerto national
security ora risk to public safety, including aliens convicted of crimes, with particular emphasis on violent criminals,
felons, and repeat offenders, DHS will moveto exercise prosecutorial discretion to ensure that enforcement resources are
not expended on lowpriority cases, such as individuals who were broughtto this country through no fault of their own as
children, have not been convicted of a felony offense, a significant misdemeanoroffense, or multiple misdemeanor
offenses, and meet other key criteria.
Effective immediately, certain young people whowerebroughtto the United States through nofault of their own as
youngchildren and meetseveralkeycriteria will be consideredfor relief from removal from the country or entered into
removal proceedings. Those who demonstrate that they meetthe criteria will be eligible to receive deferred action for a
period of two years, subject to renewal.
Only those individuals who can prove through verifiable documentation that they meet these criteria will be eligible for
deferred action. Individuals will not be eligible if they are not currently in the United States and cannotprovethat they
have beenphysically present in the United States for a continuousperiod ofnotless than 5 years immediately preceding
today’s date. The use ofprosecutorial discretion confers no substantive right or pathway to citizenship. Only the
Congress, acting throughits legislative authority, can confer these rights.
While this guidance takes effect immediately, USCIS and ICE expect to begin implementation ofthe application
processes within sixty days. In the meantime,individuals seeking more information on the new policy should visit
USCIS’s website (at www.uscis.gov), ICE’s website (at www.ice.gov), or DHS’s website (at www.dhs.gov). Beginning
Monday,individuals can also call USCIS’ hotline at 1-800-375-5283 or ICE’s hotline at 1-888-351-4024 during business
hours with questions or to request more information on the forthcomingprocess.
Frequently Asked Questions
Whoiseligible to receive deferred action under the Department’s new directive?
Pursuantto the Secretary’s June 15, 2012 memorandum,in orderto be eligible for deferred action, individuals must:
1. Have cometo the United States underthe age ofsixteen;
2. Have continuously resided in the United States for at least five years preceding the date of this memorandum and
are present in the United States on the date of this memorandum;
3. Currently be in school, have graduated from high school, have obtained a general education development
certificate, or are honorably discharged veterans of the Coast Guard or ArmedForcesofthe United States;
4. Havenotbeen convictedofa felony offense, a significant misdemeanoroffense, multiple misdemeanoroffenses,
or otherwise pose a threat to national security or public safety;
5. Not be above the ageofthirty.
Individuals must also complete a background check and,for those individuals who make a request to USCIS and are not
subjectto a final order of removal, must be 15 years old or older.
Whatis deferred action?
Deferred actionis a discretionary determination to defer removal action of an individualas an act of prosecutorial
discretion. Deferred action does not confer lawful status upon an individual. In addition, although an alien granted
deferred action will not be considered to be accruing unlawfulpresencein the United States during the period deferred
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DHS| Secretary Napolitano Announces Deferred Action Process for Young People Who... Page 2 of 6
action is in effect, deferred action does not absolve individuals of any previous or subsequent periods of unlawful
presence.
Underexisting regulations, an individual who has been granted deferred action is eligible to receive employment
authorization for the period of deferred action, provided he or she can demonstrate “an economic necessity for
employment.” Deferred action can be terminated at any time at the agency’s discretion or renewed by the agency.
How will the new directive be implemented?
Individuals whoare not in removal proceedings or who are subject to a final order of removal will need to submit a
request for a review oftheir case and supporting evidence to U.S. Citizenship and Immigration Services (USCIS).
Individuals may request deferred action if they meet the eligibility criteria. In the coming weeks, USCIS will outline and
announcethe procedures by which individuals can engage in this process. This process is not yet in effect and requests
should not be submittedat this time. Beginning June 18, individuals may call the USCIShotline at 1-800-375-5283, from
8 a.m. to 8 p.m., with questions or to request more information on the new process. The hotline offers assistance in
English and Spanish. Individuals seeking more information on the new process should visit USCIS’s website (at
http://www.uscis.gov).
For individuals whoare in removal proceedings before the Executive Office for Immigration Review, ICE will, in the
coming weeks, announcethe process by which qualified individuals may request a review of their case. Additional
information is available from the ICE Office of the Public Advocate at http://www.ice.gov/about/offices/enforcement-
removal-operations/publicadvocate/ Beginning June 18, individuals maycall the ICE hotline at 1-888-351-4024, from 9
a.m. to 5 p.m., with questions or to request more information on the new process.
For individuals who are in removal proceedings and have already been identified as meeting the eligibility criteria as part
of ICE’s case-by-case review, ICE will immediately begin to offer deferred action for a period of two years, subject to
renewal.
Are individuals whoreceive deferred action pursuant to the new directive eligible for employment authorization?
Yes. Pursuant to existing regulations, individuals who receive deferred action may apply for and may obtain employment
authorization from USCIS provided they can demonstrate an economic necessity for their employment. Information about
employmentauthorization requests is available on USCIS’s website at http://www.uscis.gov/i-765.
Does the process result in permanent lawful status for beneficiaries?
No.Thegrant ofdeferred action underthis new directive does not provide an individual with permanent lawfulstatus or a
pathwayto obtaining permanentlawfulstatus. Only the Congress, acting through its legislative authority, can confer the
right to permanent lawful status.
Whywill deferred actions only be granted for two years?
Grants of deferred action will be issued in increments of two years. At the expiration of the two year period, the grant of
deferred action can be renewed, pending a review ofthe individual case.
If an individual’s period of deferred action is extended, wil! individuals need to re-apply for an extension of their
employment authorization?
Yes. If an individual applies for and receives an extension of the period for which he or she was granted deferredaction,
he or she must also request an extension ofhis or her employmentauthorization.
Doesthis policy apply to those who are subject to a final order of removal?
Yes. An individual subjectto a final order of removal who can demonstrate that he or she meets the eligibility criteria can
request a review ofhis or her case and receive deferred action for a period of two years, subject to renewal. All cases will
be considered on an individualized basis.
This process is not yet in effect and requests should not be submittedat this time. In the coming weeks, USCISwill
outline and announcethe procedures by which individuals can engagein this process. Beginning June 18, individuals
maycall the USCIShotline at 1-800-375-5283, from 8 a.m. to 8 p.m., with questions or to request more information on
the new process. The hotline offers assistance in English and Spanish. Individuals seeking more information on the new
process should visit USCIS’s website (at http://www.uscis.gov).
Howsoon after USCISreceives a request to review a case will the individual receive a decision on his or her
request?
USCISwill provide additional information onthis issue in the coming weeks. Information will be made publicly
available at http://www.uscis.gov/,
If an individual whois about to be removed by ICE believes he orshesatisfies the eligibility criteria for the new
process, what steps should he or she take to ensure his or her case is reviewed before removal?
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DHS| Secretary Napolitano Announces Deferred Action Process for Young People Who... Page 3 of 6
Individuals who believe they can demonstrate that they satisfy the eligibility criteria.and are about to be removed should
immediately contact either the Law Enforcement Support Center’s hotline at 1-855-448-6903 (staffed 24 hours a day,7
days a week)orthe ICE Office of the Public Advocate through the Office’s hotline at 1-888-351-4024(staffed 9am —
Spm, Monday — Friday) or by e-mail at EROPublicAdvocate@ice.dhs.gov.
If an individual whosatisfies the eligibility criteria is encountered by Customs and Border Protection (CBP) or
ICE,will he or she be placed into removal proceedings?
This policy is intended to allow ICE and CBPtofocuson priority cases. Pursuantto the direction of the Secretary of
HomelandSecurity, for individuals whosatisfy the eligibility criteria, CBP or ICE shouldexercise their discretion to
preventthem from being apprehended,placed into removal proceedings, or removed.If individuals, including individuals
in detention, believe they were placed into removal proceedings in violation of this policy, they should contact either the
Law Enforcement Support Center’s hotline at 1-855-448-6903(staffed 24 hours a day, 7 days a week) or the ICE Office
of the Public Advocate through the Office’s hotline at 1-888-351-4024 (staffed 9am — Spm, Monday— Friday)or bye-
mail at EROPublicAdvocate@ice.dhs.gov.
If an individual accepted an offer of administrative closure under the case-by-case review processorif his or her
case was terminated aspartof the case-by-case review process, can he or she receive deferred action under the
hew process?
Yes. Individuals who can demonstrate that they meettheeligibility criteria will be eligible for deferred action evenifthey
had accepted an offer of administrative closure or termination under the case-by-case review process. For individuals who
are in removal proceedings and havealready beenidentified as meeting theeligibility criteria as part of ICE’s case-by-
case review, ICE will immediately begin to offer deferred action for a period of two years, subject to renewal.
If an individual declined an offer of administrative closure under the case-by-case review process, can he or she
receive deferred action under the new process?
Yes. Individuals who can demonstrate that they meetthe eligibility criteria will be eligible for deferred action evenif they
declined an offer of administrative closure under the case-by-case review process.
If an individual’s case was reviewed aspart of the case-by-case review process but he or she wasnot offered
administrative closure, can he or she receive deferred action under the new process?
Yes. Individuals who can demonstrate that they meettheeligibility criteria will be eligible for deferred action even if they
were not offered administrative closure following review oftheir case as part of the case-by-case review process.
Will DHSpersonnel responsible for reviewing requests for an exercise of prosecutorial discretion underthis
process receive specialtraining?
Yes. ICE and USCISpersonnelresponsible for considering requests for an exercise of prosecutorial discretion underthe
Secretary’s directive will receive specialtraining.
Will individuals be subject to background checks before they can receive an exercise of prosecutorialdiscretion?
Yes. All individuals will undergo biographic and biometric background checksprior to receiving an exercise of
prosecutorial discretion. Individuals who have been convicted of any felony,a significant misdemeanoroffense, three or
more misdemeanoroffensesnot occurring on the samedate and notarising out ofthe sameact, omission, or scheme of
misconduct, or otherwise pose a threat to nationalsecurity or public safety are not eligible to be considered for deferred
action under the new process.
Whatdo background checks involve?
Background checks involve checking biographic and biometric information provided by the individuals against a variety
of databases maintained by DHSandother federal government agencies.
What documentation will be sufficient to demonstrate that an individual came to the United States before the age
of 16?
Documentation sufficient for an individual to demonstrate that he or she came to the United States before the age of 16
includes, but is not limited to: financial records, medical records, school records, employmentrecords, and military
records.
What documentation will be sufficient to demonstrate that an individual has resided in the United States for a
least five years preceding June 15, 2012?
Documentation sufficient for an individual to demonstrate that he or she has resided in the United Statesforat five years
immediately preceding June 15, 2012 includes,butis not limited to: financial records, medical records, school records,
employmentrecords, and military records.
What documentation will be sufficient to demonstrate that an individual was physically present in the United
States as of June 15, 2012?
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DHS| Secretary Napolitano Announces Deferred Action Process for Young People Who... Page 4 of 6
Documentationsufficient for an individual to demonstrate that he or she was physically present on June 15, 2012, the
date the memorandum was issued, includes, butis not limited to: financial records, medical records, school records,
employmentrecords, and military records.
Whatdocumentation will be sufficient to demonstrate that an individual is currently in school, has graduated
from high school, or has obtained a general education development certificate (GED)?
Documentation sufficient for an individual to demonstrate that he or she is currently in school, has graduated from high
school, or has obtained a GEDcertificate includes, but is not limited to: diplomas, GED certificates, report cards, and
schooltranscripts.
What documentation will be sufficient to demonstrate that an individual is an honorably discharged veteran of the
Coast Guard or ArmedForces of the United States?
Documentation sufficient for an individual to demonstrate that he or she is an honorably discharged veteran of the Coast
Guard or Armed Forces of the United States includes, but is not limited to: report of separation forms, military personnel
records, and military health records.
Whatsteps will USCIS and ICE taketo prevent fraud in the new processes?
An individual who knowingly makes a misrepresentation to USCIS or ICE,or knowingly fails to disclose facts to USCIS
or ICE,in an effort to receive deferred action or work authorization in this new process will be treated as an immigration
enforcementpriority to the fullest extent permitted by law, subjecting the individual to criminal prosecution and/or
removalfrom the United States.
Areindividuals with a conviction for a felony offense, a significant misdemeanoroffense, or multiple
misdemeanorseligible for an exercise of prosecutorial discretion under this new process?
No.Individuals who have been convictedofa felony offense, a significant misdemeanoroffense, or three or more other
misdemeanoroffenses not occurring on the same date and notarising out of the sameact, omission, or scheme of
misconductare noteligible to be considered for deferred action under the new process.
Whatoffenses qualify as a felony? .
A felony is a federal, state, or local criminal offense punishable by imprisonment for a term exceeding one year.
Whatoffenses qualify as a “significant misdemeanor”?
A significant misdemeanoris a federal, state, or local criminal offense punishable by no more than one year of
imprisonmentor even no imprisonment that involves: violence, threats, or assault, including domestic violenc
e; sexual
abuseor exploitation; burglary, larceny, or fraud; driving underthe influence of alcoholor drugs; obstruction ofjustice or
bribery; unlawfulflight from arrest, prosecution, or the scene of an accident; unlawful possessionor use of a firearm;
drug distribution ortrafficking; or unlawful possession of drugs.
How manynon-significant misdemeanorsconstitute “multiple misdemeanors” making an individualinelig
ible for
an exercise of prosecutorial discretion under this new process?
Anindividual whois not convicted ofa significant misdemeanorbut is convicted of three or more other misdemeano
rs
not occurring on the same day andnotarising out of the sameact, omission, or scheme of misconductis noteligible to be
considered for deferred action under this new process.
Whatqualifies as a national security or public safety threat?
If the backgroundcheck orother information uncovered during the review of an individual’s request for deferred action
indicates that the individual’s presence in the United States threatens public safety or national security, he or she will be
ineligible for an exercise ofprosecutorial discretion. Indicia that an individual poses such a threat include, but are not
limited to, gang membership, participation in criminalactivities, or participation in activities that threaten the United
States.
How will ICE and USCIS handle cases involving individuals whodo not satisfy the eligibility criteria unde
r this
new process but maybeeligible for an exercise of prosecutorial discretion under the June 2011 Prosecutorial
Discretion Memoranda?
If an individual has a final order of removal and USCIS determinesthat he or she does notsatisfy the eligibility cr
iteria,
then it will reject the individual’s request for deferred action. That individual may then request an exercise of
prosecutorial discretion under the ICE June 2011 Prosecutorial Discretion Memorandathrough any ofthe established
channelsat ICE, including through a request to the ICE Office of the Public Advocate or to the local Field Office
Director. USCIS will not consider requests for review under the ICE June 2011 Prosecutorial Discretion Memoranda.
If an individualis currently in removal proceedings and ICE determinesthat he or she doesnotsatisfy the eligibility
criteria for deferred action underthis process,it will then consider whetherthe individual is otherwiseeligible for an
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DHS| Secretary Napolitano Announces Deferred Action Process for Young People Who... Page 5 of 6
exercise of prosecutorial discretion underits current practices for assessing eligibility under the June 2011 Prosecutorial
Discretion Memoranda.
Will there be supervisory review of decisions by ICE and USCISunderthis process?
Yes. Both ICE and USCISwill develop protocols for supervisory review as part of their implementation of the new
process.
Canindividuals appeala denial by ICE or USCISof their request for an exercise of prosecutorial discretion under
the new process?
No.Individuals may not appeal a denial by ICE or USCIS oftheir request for an exercise of prosecutorial discretion.
However, ICE and USCISwill develop protocols for supervisory review as part of their implementation of the new
process, Although thereis no right for appeal, individuals in removal proceedings whobelieve their cases were not
correctly handled may contact the ICE Office of the Public Advocate either by phoneat 1-888-351-4024 or by e-mail at
EROPublicAdvocate@ice.dhs.gov.
Will dependents and other immediaterelatives of individuals whoreceive deferred action pursuantto this process
also be eligible to receive deferred action?
No. The new processis available only to those whosatisfy the eligibility criteria. As a result, the immediate relatives,
including dependents, of individuals who receive deferred action pursuantto this process are not eligible to apply for
deferred action as part of this process unless they independently satisfy the eligibility criteria.
If an individual’s request to USCIS for deferred action is denied, will he or she be placed in removal proceedings?
For individuals whose requests for deferred action are denied by USCIS, USCISwill apply its existing Notice to Appear
guidance governing USCIS’sreferral of cases to ICE andissuance of notices to appear. Underthis guidance, individuals
whose requests are denied under this process will be referred to ICE if they have a criminal conviction or there is a
finding offraud in their request.
Should individuals who are notin removal proceedings but believe themselvesto be eligible for an exercise of
deferred action underthis process seek to place themselves into removal proceedings through encounters with ICE
or CBP?
No.Individuals whoare not in removal proceedings butbelieve that they satisfy the eligibility criteria should submit their
request for review oftheir case to USCIS underthe procedures that USCIS will implement.
This processis not yet in effect and requests should notbe submitted at this time. Beginning June 18, individuals
maycall
the USCIShotline atl-800-375-5283, from 8 a.m.to 8 p.m., with questions or to request more information on the new
process. The hotline offers assistance in English and Spanish. Individuals seeking more information on the new process
should visit USCIS’s website (at http://www.uscis.gov).
If I receive deferred action through this process, will I be able to travel outside the United States?
USCISis exploring this issue and will resolveit in the coming weeksaspart of its implementation plan.
Will there be any exceptions to the requirement that an individual must have resided in the United States
for a
least five years preceding June 15, 2012?
Anindividual must demonstrate that he or she has resided in the United States for a least five years preceding June 15,
012. Brief and innocent absences undertaken for humanitarian purposes will not violate this requirement.
Whatshould I doif I am eligible underthis process and have been issued an ICE detainer following an arrest bya
state or local law enforcementofficer?
If you meettheeligibility criteria and have been served a detainer, you should immediately contacteither the Law
Enforcement Support Center’s hotline at 1-855-448-6903(staffed 24 hours a day, 7 days a week)or the ICE Office of the
Public Advocate either through the Office’s hotline at 1-888-351-4024 (staffed 9am — Spm, Monday — Friday) or by e-
mail at EROPublicAdvocate@ice.dhs.gov.
Does deferred action provide individuals with a path to citizenship or permanent legal status?
No.A grantof deferred action is a form of prosecutorial discretion that does not confer.a path to citizenship or lawful
permanentresident status. Only the Congress, acting through its legislative authority, can confer these rights.
Whyisn’t DHSallowing other individuals to request deferred action underthis process?
Asa general matter, young people who, through nofault oftheir own, were brought to this country as children, lacked the
intent to violate the law and our ongoing review of pending removalcasesis already offering administrative closure to
many of them. However, additional measures are necessary to ensure that our enforcement resources are not expended on
these low priority cases but are instead appropriately focused on people who meet our enforcementpriorities.
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DHS| Secretary Napolitano Announces Deferred Action Process for Young People Who... Page 6 of 6
Does this Administration remain committed to comprehensive immigration reform?
Yes. The Administration has consistently pressed for passage of comprehensive immigration reform,including the
DREAMAct,becausethe President believes these stepsare critical to building a 21st century immigration system that
meets our nation’s economic and security needs.
Is passage of the DREAMAcctstill necessary in light of the new process?
Yes. As the President has stated, individuals who would qualify for the DREAM Act deservecertainty abouttheir status,
and this new process does notprovide that certainty. Only the Congress, acting through its legislative authority, can
confer the certainty that comes with a pathway to permanentlawfulstatus.
How canI get more information on the new process?
Individuals seeking more information on the new process should visit ICE’s website (at www.ice.gov), USCIS’s website
(at www.uscis.gov), or DHS’s website (at www.dhs.gov). Beginning June 18, individuals can also call ICE’s hotline (at 1
-888-351-4024) or USCIS’shotline (at 1-800-375-5283) during business hours with questions or to request more
information on the new process.
Where can I find more information about whereto go for Deferred Action?
IL... ho to submit a request to review [Where can get more information:
my case:
...am subject to a final order of .S. Citizenship and Immigration SCIS website at
removal. Services (USCIS) when the //www.uscis.gov.
pplication period opens
eginning June 18: USCIShotlineat
1-800-375-5283 (8 am-8 pm; English
Spanish)
.,ave a case pending before the .S. Immigration and Customs ICE website at: http://www.ice.gov.
xecutive Office for Immigration nforcement (ICE) when the process i. ;
Review or a federal court. ‘or accepting requests is announced eginning June 18: ICE hotline at 1-
888-351-4024 (9am — 5pm; English
land Spanish)
SCIS website at
//WWW.USCIS.ZOV.
...have never been apprehended or —_JU.S. Citizenship and Immigration
placed into removal proceedings. Services (USCIS) when the
pplication period opens ;
eginning June 18: USCIShotlineat
1-800-375-5283 (8 am-8 pm; English
Spanish)
This page waslast reviewed / modified on June 15, 2012.
http://www.dhs.gov/files/enforcement/deferred-action-process-for-young-people-who-are-l... 7/17/2012
Exhibit 8
Remarksby the President on Immigration | The White House
Home» Remarks by the President on Immigration
The White House
Office of the Press Secretary
For Immediate Release June 15, 2012
Remarks by the President on Immigration
Rose Garden
2:09 P.M. EDT
THE PRESIDENT: Good aftemoon,everybody. This moming, Secretary Napolitano announced new actions m
y
administration will take to mend ournation’s immigration policy, to makeit more fair, more efficient, and more just
~
specifically for certain young people sometimescalled “Dreamers.”
These are young people whostudyin our schools,they play in our neighborhoods,they're friends with ourkids,
they pledgeallegiance to ourflag. They are Americansin their heart, in their minds, in every single way
but one:
on paper. They were broughtto this country by their parents — sometimes even as infants — and oft
en have no idea
that they're undocumenteduntil they apply for a job or a driver's license, or a college scholarship.
Put yourself in their shoes. Imagine you've done everything right yourentire life — studied hard, workedhard,
maybe even graduatedat the top of your class -- only to suddenly face the threat of deportation to
a country that
you know nothing about, with a language that you may not even speak.
That's what gave rise to the DREAM Act. It saysthatif your parents broughtyou here asa child, if yo
u've been
here forfive years, and you're willing to go to college or serve in our military, you can one day eam yo
ur
citizenship. And | have said time and time and time again to Congress that, send me the DREAM Act, p
ut it on my
desk, and | will signit right away.
Now, both parties wrote this legislation. And a year and a half ago, Democrats passed the DREAM A
ct in the
House, but Republicans walked awayfrom it. It got 55 votes in the Senate, but Republicans blocked it.
Thebill
hasn’t really changed. The need hasn't changed. it's still the right thing to do. The only thing that has c
hanged,
apparently, wasthepolitics.
As | said in my speech on the economyyesterday,it makes no sense to expel talented young people, who,foral
l
intents and purposes, are Americans — they've been raised as Americans; understand themselvesto be part of th
is
country -- to expel these young people who wantto staff our labs, or start new businesses, or defend our countr
y
simply because ofthe actionsoftheir parents -- or because of the inaction of politicians.
In the absence of any immigration action from Congresstofix our broken immigration system, what we'vetried to
do is focus ourimmigration enforcement resourcesin the right places. So we prioritized border security, putting
more boots on the southern borderthanat anytimein ourhistory — today, there are fewerillegal crossings than at
anytime in the past 40 years. We focused anduseddiscretion about whom to prosecute, focusing on criminals
who endangerour communities rather than students who are eamingtheir education. And today, deportation of
criminals is up 80 percent. We've improved onthatdiscretion carefully and thoughtfully. Well, today, we're
improvingit again.
Effective immediately, the Department of Homeland Security is taking steps to lift the shadow of deportation fro
m
these young people. Over the next few months,eligible individuals who do notpresent a risk to national security o
r
public safety will be able to request temporary relief from deportation proceedings and apply for work authorization
.
Now,let's be clear ~- this is not amnesty,this is not immunity. This is not a path to citizenship. It's not a permanen
t
fix. This is a temporary stopgap measurethatlets us focus our resources wisely while giving a degree ofr
elief and
hopeto talented, driven, patriotic young people. Itis -
Q_ (inaudible.)
THE PRESIDENT: -- the right thing to do.
Q_ — foreigners over American workers.
THE PRESIDENT: Excuse me,sir. It's not time for questions,sir.
http://www.whitehouse.gov/the-press-office/2012/06/1 5/remarks-president-immigration
Page 1 of 3
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June 15, 2012 2:40 PM
President Obama Speaks on Departmentof
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July 18, 2012 6:52 PM EDT
Vice President Biden Speaks To Seniors
About Retirement Security
The Vice President told
the audience that whenit
comesto Social Security
and Medicare,“the
m question is what are we
going to do to strengthen and sustain these
programs now and for the future”
July 16, 2012 5:22 PM EDT
"It's Time to Keep the Conversation Going"
After organizing a Google+ Hangoutwith Secretary
Donovan, we want to keep the conversation going
on mortgagerelief.
duly 16, 2012 4:30 PM EDT
Missouri National Guard Joining Forces
with Faith Community
In Missoun, Dr. Jill Biden
spenttime with Partners in
Care, a national program
linking caring faith
communities to National
7/17/2012
Remarksby the President on Immigration | The White House Page 2 of 3
Q_ No, you haveto take questions. Guard members and their familie
s who need
certain resources, from child care, to
THE PRESIDENT: Not while I'm speaking.
transportation, to counseling
Precisely becausethis is temporary, Congress needsto act. Thereisstill time for Congress to pass the DREAM VIEW ALL RELATED BLOG POSTS
Act this year, because these kids deserveto pian their lives in more than two-year increments. And westill need to
pass comprehensive immigration reform that addresses our 21st century economic and security needs -- reform
that gives our farmers and ranchers certainty aboutthe workers thatthey'll have. Reform that gives our science
and technology sectors certainty that the young people who come here to eam their PhDs won't be forced to leave
and start new businessesin other countries. Reform that continues to improve our border secunty, and lives up to :
our heritage as 4 nation of laws and a nation of immigrants. Facebook
YouTube
Just six years ago, the unlikely trio of John McCain, Ted Kennedy and President Bush came together to champion Twitter
Vimeo
this kind of reform. And | was proud to join 23 Republicansin votingforit. So there’s no reason that we can't come :
together and getthis done.
Flickr iTunes
. | | a. . . | Google+ Linkedin
And aslong asI'm President, | will not give up onthis issue, not only becauseit's the rightthing to do for our
economy-- and CEOs agree with me — notjust becauseit’s the rightthing to do for our secunty, but becauseit's
the right thing to do, period. And| believe that, eventually, enough Republicansin Congresswill come around to
that view as well.
And | believethatit's the right thing to do because I've been with groups of young people who work so hard and
speak with so much heart about what's best in America, even though | knew some of them musthavelived under
the fear of deportation. | know some have come forward, at great risks to themselves andtheir futures, in hopesit
would spurthe restof us to live up to our own most cherished values. And I’ve seen the stories of Americans in
schools and churches and communities across the country who stood up for them andrallied behind them, and
pushedusto give them a better path and freedom from fear —because weare a better nation than one that expels
innocent youngkids.
Andthe answerto your question,sir — and the next timeI'd prefer you let me finish my statements before you ask
that question — is this is the right thing to do for the American people —
Q_ (Inaudible.)
THE PRESIDENT:| didn’t ask for an argument. I'm answering your question.
Q I'd like to --
THE PRESIDENT: itis the right thing to do —
Q_ (Inaudibie.)
THE PRESIDENT: - for the American people. And here’s why -
Q unemployment--
THE PRESIDENT: Here's the reason: because these young peopie are going to make extraordinary contributions,
and are already making contributionsto oursociety.
I've got a young person whois serving in our military, protecting us and our freedom. The notion that in some ways
we would treat them as expendable makes nosense.If there is a young person here who has grown up here and
wants to contribute to this society, wants to maybestart a businessthat will create jobs for other folks who are
looking for work, that's the right thing to do. Giving certainty to our farmers and our ranchers; making surethatin
addition to border security, we're creating a comprehensive framework for legal immigration — these are ali the right
things to do.
We havealways drawn strength from being a nation of immigrants, as well as a nation of laws, and that’s going to
continue. And my hopeis that Congress recognizes that and gets behindthis effort.
Allright. Thank you very much.
Q
>
What about American workers who are unemployed while you import foreigners?
END
2:17 P.M. EDT
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Remarks by the President on Immigration | The White House Page 3 of 3
http://www.whitehouse.gov/the-press-office/2012/06/1 5/remarks-president-immigration 7/17/2012
Exhibit 9
New York State Department of Motor Vehicles PAGE 1 OF 2
PROOFS OFIDENTITY
FOR REGISTRATION ANDTITLE
This form is also available to download from the DMV website www.dmv.ny.gov
(D-82 (1/11)
GENERAL REQUIREMENTS* To obtain a registration or title, you must provide:
expiredfor more than 2 years, meets both ofthese requirements. Other acceptable documentsfor
¢ Proofof date of birth, ana A NYS Photo Driver License, Learner Permit, or Non-Driver ID Card that is current, or not
proofofidentity, and their relatedpoint value, are listed in the table below and on Page2.
@ 6 points of proof of name
In Addition:
@ Atleast one proofmust have your signature onit.
You must provide original documents, or documents certified by the agency that issued them.
@ Ifsomeoneother than you gives DMVyourregistration ortitle application, that person must provide a photocopy of your NYS
photo license, permit or ID card, and his or her own original NYS photolicense, permit or ID card.
@ We will not accept more than one documentof the same type proof. For example, 3 major credit cards count as only onecredit card.
@ We will not accept documents with anyalterations or erasures. We will confiscate all fraudulent documents and send them to DMV’s
Investigations Unit. This could result in criminal prosecution.
IMPORTANT: Making a false statement in an application, or in any proof or statementin conjunction with the application, or deceiving
or substituting, or causing another person to deceive or substitute in connection with such application, is punishable as a misdemeanor
under Section 392 of the Vehicle and Traffic Law for vehicle registration applicants, and may result in the revocation or suspension of
yourlicenseor registration.
* These requirements do not apply to INTERSTATE IN-TRANSIT PERMITS or SNOWMOBILESregistered INANOTHER
STATEthat are being registered for use in NY. For INTERSTATE IN-TRANSIT PERMITSa current out-of-state driver license is the
only proofof identity needed. For SNOWMOBILESregistered INANOTHERSTATEthatare being registered for use in NY,the
out-of-state snowmobileregistration is the only proof of identity needed.
ACCEPTABLE DOCUMENTS FOR PROOFOF IDENTITY VALUE ACCEPTABLE
FOR REGISTRATION ANDTITLE FOR AS PROOF
. PROOF OF
Expired documents are NOTacceptable,unless specifically noted in the table below. OF NAME| DATE OF BIRTH?
NYS Photo Driver License/Learner Permit/Non-Driver ID Card. Must be current, or not 6 YES
expired for more than 2 years.
EDL NYSPhoto Driver License/Learner Permit/Non-Driver 1D Card. Must be current, or not expired for 6 YES
more than 2 years.
DMVform MV-45 Statement of Identity and/or Residence - IF UNDER21. Affidavit by parent orlegal 6 NO
guardian, signedin the presence of a DMVrepresentative. See MV-45 for more information.
DMV form MV-45A Statement of Identity and/or Residence - For Applicants Represented by 6 NO
Government or Government- ApprovedFacilities. See the MV-45A for more information.
USPassport or Passport Card. Must be current. 4 YES
US Military Photo ID Card (issued to Active, Reserve, and Retired military personnel only) 3 YES
Certificate of Citizenship (N-560, N-561 or N-645) 3 YES
Certificate of Naturalization (N-550, N-570 or N-578) 3 YES
Employment Authorization Card (I-688B or I-766) with photo 3 YES
PermanentResident Card (I-551) 3 YES
Reentry Permit (1-327) 3 YES
Refugee Travel Document(I-571) 3 YES
Foreign Passport with a valid I-551 stamp or with a statement on the Visa. Passport must be in
English, or translated by an embassy. 3 YES
Foreign Passport with a US Visa and currentI-94 attached. 3 YES
Welfare/Medicaid/NY Food Stamp Card WITH Photo 3 NO
ACCEPTABLE DOCUMENTS FOR PROOFOFIDENTITY ALE ACCEPTABLE
FOR REGISTRATION ANDTITLE FOR AS PROOF
PROOF OF
Expired documents are NOTacceptable, unless specifically noted in the table below. OF NAME| DATE OF BIRTH?
Welfare/Medicaid/NY Food Stamp Card WITHOUTPhoto 2 NO
NYSInterim License/Permit, WITHOUTPhoto 2 NO
NYSor NYC Pistol Permit 2 NO
NYSProfessional License 2 NO
NYSRegistration Document (Vehicle or Boat only) 2 NO
NYSCertificate of Title 2 NO
Photo Driver License issued by another US State, jurisdiction or possession, or Canadian Province or
territory. (This license must be current, or not expiredfor more than 1 year.) 2 YES
St. Regis MohawkTribal Photo ID Card 2 NO
Canadian Birth Certificate with St. Regis Mohawk Tribal Photo ID Card 2 YES
US Military Dependent ID Card 2 NO
US College ID Card With Photo and Transcript 2 NO
US High School ID with Report Card 2 NO
US Marriage or Divorce Record OR Court Issued Name Change Decree 2 NO
USSocial Security Card (must have signature) 2 NO
Computer-Printed Pay Stub (must have your name) 1 NO
Employee ID Card 1 NO
High School Diploma OR GED (General Equivalency Diploma) 1 NO
Supermarket Check Cashing Card (must have your signature and pre-printed name) 4 NO
Union Card . 1 NO
US Health Insurance Card/Prescription Card 1 NO
USLife Insurance Policy (in effect at least 2 years) 4 NO
Utility Bill (must include your nameand address) 1 NO
Veterans Universal Access Photo ID Card 1 NO
W-2 Form (must include Social Security number) 1 NO
Only oneofthe following items, if issued by the samefinancial institution, can be submitted:
e Bank Statement
e Cancelled Check (with your pre-printed name) 1 NO
e Cash Card (ATM)(must have your pre-printed name and yoursignature)
e Valid Major US Credit Card
US DOSConsular Report of Birth Abroad (FS-240, DS-1350, F-545) 0 YES
US Birth Certificate or US Territory Birth Certificate issued by a Board of Health, Bureau of Vital
Statistics, or US State Department. (US Territories are: American Samoa, Guam, Mariana Islands, 0 YES
Marshall Islands, Puerto Rico, Virgin Islands and Wake Island.)
Canadian Birth Certificate with a Canadian DMVlearner permit or non-driver ID card 0 YES
Valid Canadian Passport (without INS documentation) 0 YES
ID-82 (1/11) PAGE2 OF 2
Exhibit 10
Driver License and Identification (ID) Card Information Page 1 of 19
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Driver License and Identification (ID) Card Information
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How to
Apply for a Driver Licenseif you are over 18
Apply for a Commercial Driver License
e Medical Report for Commercial Driver License
Apply for a Noncommercial Driver License
Apply for a Motorcycle or Moped Driver Licenseif you are over 18
Apply for a Provisional Permit if you are under 18
» Provisional Instruction Permit if you are under 18
» Parents’ or guardians’ signatures—acceptingliability for a minor
» Provisional Driver Licenserestrictions during thefirst year
Apply for a Motorcycle or Moped Driver License if you are under 18
Applyfor a duplicate (replace lost or stolen) Driver License of Identification (ID) Card
Apply for or renew an Identification Card
Renew yourDriver License in person
Renew your Driver License by mail
Renew your Commercial Driver License by mail
Renew yourDriver License by internet
RenewanInstruction Permit
Change your name on your Driver License and/orIdentification Card
Find a driving underthe influence program
Frequently Asked Questions
+ Changes to Provisional Driver License Restrictions?
* | was on a court-ordered probation for a DUI conviction and have been arrested for DUI, What happens now?
* Whenyou are required to report an accident to DMV?
Alternative methods for completing the Driver License written examination?
Whatother languagesis the written or audio test available in?
. Whatis the Califomia Motorcycle Safety course?
What happensif| fail my Class C or motorcycle driving test?
What do | need to do to get my DriverLicenseif | fail the driving test onall three tries?
What happensif | lose my Permit?
Whydo | need to bring myInstruction Permit to my driving test if | am over 18 years of age?
\f | lose my driver's education certificate, will | be able to take mydriving test?
What can ! expect during the noncommercial Class C driving test?
Whatis a suspended Driver License?
Miscellaneous
* Driver Education and Driver Training Information
+ Interpreter Services
+ Identification Cards
+ Reduced-fee iD Cards
« Negligent operatorviolation point count
http://www.dmv.ca.gov/dl/dl_info.htm | 7/18/2012
http://www.dmv.ca.gov/dl/dl_info.htm
Driver License andIdentification (ID) Card Information
Birth date verification and legal presence requirements
The issueofidentification reliability, integrity, and confidentiality is of prime concem to all citizens. Eligibility for governmentservices, issuance of variouslicenses,
assessmentof taxes,the rightto vote, etc., are all determined through evaluations based on identification documents.It is critical that identification documents be
authenticated and accuratein identifying each individual. The California driverlicense and ID card have been declared asprimary identification documentsin this
state by the California legislature.
State law requires every applicant for an original California identification (ID) card and driverlicense to show verification of birth date andproof of legal presence
within the United States to help safeguard the accuracy andintegrity of departmental documents.
if your current name nolonger matches the name onyourbirth date/legal presence document, see "True Full Name” and "How to Change Your Name"for more
information.
Onlytheoriginal or a certified copy of one of the following documentsis acceptable:
USBirth Certificate (certified copy from state orlocalvital statistics office)
US Certificate of Birth Abroad or Report of Birth Abroad
Federal Proof of Indian Blood Degree
USCIS American Indian Card
Birth Certificate or passport issued from a US Territory
US Passport or US Passport Card
. US Military Identification Cards (Active or reserve duty, dependentof a military member,retired member, discharged from service, medical/religious
personnel)
CommonAccess Card (only if designated as Active military or Active Reserve or Active Selected Reserve)
Certificate of Naturalization or Citizenship
Northem Mariana Card
USCIS US Citizen ID Card
Permanent Resident Card
Temporary ResidentIdentification Card
Canadian Passport/Birth Certificate
Non-resident Alien Canadian Border Crossing Card
Valid foreign passport with a valid Record of Arrival/Departure (form I-94)
"Processed for I-551" stamped in a vatid foreign passport
Permanent Resident Re-entry Permit
Refugee travel document
Certified court order or judgment issued from a court of competentjurisdiction. Must contain name,birth date, place ofbirth, legal presence status, and
judge’s signature.
Certification from Califomia Department of Corrections or Califomia Youth Authority
Employment Authorization Card
Valid I-94 stamped “Refugee,” "Parole or Parolee,” "Asylee," or Section 207, Section 208, Section 209, Section 212d(2), HP or PIP
Valid I-94 with attached photo stamped "Processed for I-551 temporary evidence of lawful admission for permanent residence"
Notice of Action (l~797 Approved Petition) — must indicate approved extension of stay or changein status that grants temporary or permanent residency, or
indicates that an original, duplicate or renewal Resident Alien card is forthcoming.
Immigration judge’s order granting asylum
. Mexican Border Crossing Card with valid |~94
+ U.S. Border CrossingIdentification card with valid I-94
For information or to request a certified copy of a birth certificate from another state, you may call the following vital statistics offices:
Alabama (334) 206-5418
Alaska (907) 465-3391
Arizona (602) 364-1300
Arkansas (501) 661-2336
Califomia (916) 445-2684
Colorado (303) 692-2200
Connecticut (860) 509-7897
Delaware (302) 744-4549
District of Columbia (202) 671-5000
Florida (904) 359-6900 ext. 1029
Georgia (404) 679-4702
Hawaii (808) 586-4533
Idaho (208) 334-5988
.
Page 13 of 19
7/18/2012
Driver License and Identification (ID) Card Information
WWinois (217) 782-6553
tndiana (317) 233-2700
lowa (515) 281-4944
Kansas (785) 296-1400
Kentucky (502) 564~—4212
Louisiana (504) 593-5100
+ Maine (207) 287-3181
.
Maryland (410) 764-3038
Massachusetts (617) 740-2600
Michigan (517) 335-8656
Minnesota (651) 201-5000
Mississippi (601) 576-7450
Missouri (573) 751-6387
Montana 1 (888) 877-1946
Nebraska (402) 471-2871
Nevada (775) 684-4242
New Hampshire (603) 271-4654
New Jersey 1 (866) 649-8726 ~
New Mexico 1 (866) 534~0051
New York (518) 474-3075
New York City (212) 639-9675
North Carolina (919) 733-3000
* North Dakota (701) 328-2360
Ohio (614) 466-2531
Oklahoma (405) 271-4040
Oregon (971) 673-1190
Pennsylvania (724) 656-3100
RhodeIsland (401) 222~2811
South Carolina (803) 898-3630
South Dakota (605) 773-4961
Tennessee (615) 741-1763
Texas (512) 458-7111
Utah (801) 538-6105
Vermont(802) 863-7275
Virginia (804) 662-6200
* Washington (360) 236-4300
WestVirginia (304) 558-2931
Wisconsin (608) 266-1371
+ Wyoming (307) 777-7591
Page 14 of 19
Forinformation or to requesta certified copy of a birth certificate from a US Territory or possession, you may Call the followingvitalstatistics offices:
American Samoa (684) 633-1406
Guam (671) 735-7292
Puerto Rico (787) 767-9120
Virgin Islands:
St. Croix, St. Thomas, and St. John (340) 774-9000 ext 4685 or 4686
Commonwealth of the Northern Mariana Islands (670) 236-8717
Canal Zone (202) 955-0307
US Citizenship and Immigration Services; a Bureau of Department of Homeland Security (DHS)
. US Citizenship and Immigration Services (USCIS) National Customer Service Center 1 (800) 375-5283
US State Department (For UScitizen bom abroad)(202) 955-0307
Ail phone numbers and website information are subject to change without notice.
http://www.dmv.ca.gov/dl/dl_info.htm 7/18/2012
Exhibit 11
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Estimates of the Unauthorized
Immigrant Population Residing in
the United States: January 2009
MICHAEL HOEFER, NANCY RYTINA, AND BRYAN C. BAKER
This report provides estimates of the numberof unauthorized immigrants residing in the United
States as of January 2009 by periodofentry, region and country oforigin,state of residence, age,
and gender.The estimates were obtained using the “residual” methodology employedfor estimates
of the unauthorized population in 2008 (see Hoefer, Rytina, and Baker, 2009). The unauthorized
resident population is the remainder or “residual” after estimates of the legally resident foreign-
born population — legal permanentresidents (LPRs), asylees, refugees, and nonimmigrants — are
subtracted from estimatesofthe total foreign-born population. Datato estimate thelegally resident
population were obtained primarily from the Department of Homeland Security (DHS) while the
American Community Survey (ACS) of the U.S. Census Bureau wasthe sourcefor estimates of the
total foreign-born population.
In summary, DHS estimates that the unauthorized
immigrant population living in the United States
decreased to 10.8 million in January 2009 from 11.6
million in January 2008. Between 2000 and 2009, the
unauthorized population grew by 27 percent.Ofall
unauthorized immigrantsliving in the United States in
2009, 63 percent entered before 2000, and 62 percent
were from Mexico.
DEFINITIONS
Legal Residents
Thelegally resident immigrant population as defined
for these estimates includes all persons who were
granted lawful permanentresidence; granted asylee sta-
tus; admitted as refugees; or admitted as nonimmigrants
for a temporary stay in the United States and not
required to leave by January 1, 2009. Nonimmigrant
residents refer to certain aliens who werelegally admit-
ted temporarily to the United States for specified time
periods such as students and temporary workers.
Unauthorized Residents
The unauthorized resident immigrant population is
defined asall foreign-born non-citizens who are not
legal residents. Most unauthorized residents either
entered the United States without inspection or were
admitted temporarily and stayed past the date they were
Homeland
security
required to leave. Unauthorized immigrants applying
for adjustment to lawful permanentresident status
under the Immigration and Nationality Act (INA) .
Section 245(i) are unauthorized until they have been
granted LPR status, even though they may have been
authorized to work. Persons whoare beneficiaries of
Temporary Protected Status (TPS)—an estimated several
hundred thousand—are not technically unauthorized
but were excluded from the legally resident immigrant
population because data are unavailable in sufficient
detail to estimate this population.
METHODOLOGY AND DATA
Two populations are estimated in order to derive the
unauthorized population estimates: 1) the total foreign-
born population living in the United States on January
1, 2009, and 2) thelegally resident population on the
samedate. The unauthorized population is equal to 1)
minus 2). It was assumed that foreign-born residents
whohad entered the United States prior to 1980 were
legally resident since most wereeligible for legal per-
manentresidentstatus.’ Therefore, the starting point for
1The Registry Provision of the Immigration and Nationality Act (INA) allows persons
whohave beenin the United States since January 1, 1972 to apply for LPR status.
Additionally, persons whohadlived in the United States before 1982 as unauthor-
ized residents were eligible to adjust to LPR status under the Immigration Reform
and Controi Act (IRCA) of 1986.
Office of ImmigrationStatistics
POLICY DIRECTORATE
the estimates was January |, 1980. The steps involved in estimating
the components of each population are shown in Appendix 1. Data
on the foreign-born population that entered during 1980-2008 by
countryof birth,state of residence, year of entry, age, and gender
were obtained from the 2008 ACS. The ACS is a nationwide sample
survey that collects information from U.S. households on social,
demographic, and economic characteristics, including country of
birth and year of entry of the foreign-born population. The ACS
consists of non-overlapping samples from which informationis
collected monthly over the course of a year. The ACS was selected
for the estimates because ofits large sample size, about 3 million
households in 2008 compared to 100,000 for the March 2009
Current Population Survey, the primary alternative source of
national data on the foreign-born population.
Data on persons who obtained LPR status by country ofbirth,state
of residence, age, gender, category of admission, and year ofentry
were obtained from DHS administrative records maintained in an
application case tracking system of U.S. Citizenship and Immigration
Services (USCIS). Data on refugeesarriving in the UnitedStates by
country of origin were obtained from the DepartmentofState. Data
on persons granted asylum by country oforigin were obtained from
USCIS for those granted asylum affirmatively and from the Executive
Office of Immigration Review of the DepartmentofJustice for those
granted asylum defensively through removal proceedings. Data on
nonimmigrant admissions by country ofcitizenship,state of resi-
dence, age, gender, and class of admission were obtained from I-94
arrival-departure records in the TECS system ofthe U.S. Customs and
Border Protection. Estimates of the unauthorized population were
generatedfor the ten leading countries of birth andstates ofresi-
dence, age, and gender. The Cuban-born population living in the
United States was excluded from the estimates since, according to
immigration law, Cubans living in the United States more than a
year are eligible to apply to adjust to LPR status.
Caution is recommendedin interpreting changes in the size of the
unauthorized population presented in this report. Annual estimates
of the unauthorized immigrant population are subject to sampling
error in the ACS and considerable nonsampling error because of
uncertainty in someof the assumptions required for estimation (see
Limitations below). In addition, changes in the ACS,includingrevi-
sions in the wording of the question on Hispanic origin in the 2008
ACS and measurement of net international migration (see U.S.
Census Bureau, 2009) may have affected thesize of the foreign born
population and thusestimates of the unauthorized population. This
report does not discuss changes in the unauthorized population
between 2008 and 2009 by countries oforigin orstates of residence
because of greater uncertainty in those estimates. For reference,
Appendix 2 provides DHSestimates by leading countries of birth
andstates of residence for 2000 and 2005-2009.
Limitations
Assumptions about undercountofthe foreign-born population in the ACS andrates of
emigration. The estimates are sensitive to the assumptionsthatare
made about these components (see RESULTS).
Accuracy of year of entry reporting. Concerns exist among immigration
analysts regarding the validity andreliability of Census survey data
onthe year of entry question, “When did this person cometo live
in the United States?” Errors also occur in converting DHS adminis-
trative dates for legally resident immigrants to year of entry dates.
Assumptions about the nonimmigrant population estimate. The estimates are
based on admission dates and length of visit by class of admission
and not actual population counts. Length of visit, which is calcu-
lated by matching arrival and departurerecords,is subject to more
error than admissions data.
Sampling error in the ACS. The 2008 ACS data are based on a sample of
the U.S. population. Thus the estimates of the total foreign-born
population that moved to the United States in the 1980-2008
period are subject to sampling variability. The estimated margin of
error for the estimate of the foreign-born population in the 2008
ACS at the 90 percent confidence level is plus or minus approxi-
mately 154,000.
Accuracyof state of residence for the legally resident population. State of residence
for legally resident 1980-2008 entrants is assumed to bethestate
of residence on the date the mostrecentstatus (e.g., refugee, LPR,
or naturalized citizen) was obtained; however, the accuracy of the
estimates may be affected by state-to-state migration that occurred
between the date of the status change and January 1, 2009.
RESULTS
Overall Trend
Between January 2008 and January 2009, the numberof unau-
thorized immigrants living in the United States decreased seven
percent from 11.6 million to 10.8 million (see Figure 1). Between
2000 and 2007, the unauthorized population grew by 3.3 million
from 8.5 million to 11.8 million. The number of unauthorized
residents declined by 1.0 million between 2007 and 2009, coinci-
dent with the U.S. economic downturn.The overall annual average
increase in the unauthorized population during the 2000-2009
period was 250,000.
Figure 1.
Unauthorized Immigrant Population: 2000-2009
Millions
14.0
12.0 + bee (11811.3
8.0 & Es
6.0 F
4.0 F bog
2.0 DHS estimates not producedfor 2001-2004
2000 2005 2006 2007 2008 2009
Source: U.S. Department of Homeland Security.
DHS Officeof Immigratio
Table 1.
Period of Entry of the Unauthorized Immigrant Population:
January 2009
Pertod ofent Number: cont
All years. .......0...000008 10,750,000 100
2005-2008 ... 0... eee ee ee 910,000 8
2000-2004 .. 0... cee eee 3,040,000 28
1995-1999 ...e ee 3,080,000 29
1990-1994 ...,..eeeee 1,670,000 16
1985-1989 ......ee 1,190,000 114
1980-1984 ...............-.0.0-. 860,000 8
Detail may not sum to totals because of rounding.
Source: U.S. Department of Homeland Security.
The decrease in the size of the unauthorized population between
2008 and 2009is not likely due to sampling error in the estimates
of the foreign-born population in the 2007 or 2008 ACS. The mar-
gin oferror at the 90 percent confidence level was 151,000 for
the 2007 ACS and 154,000, as noted above, for the 2008 ACS.?
Changesin the ACS, e.g,, revisions in the question on Hispanicori-
gin in 2008 and measurementofnetinternational migration, may
have had an impact on the 2009 estimate and therefore the magni-
tude of change between 2008 and 2009. Trends in the unauthor-
ized population reported by DHSare consistent with the most
recent estimates by the Pew Hispanic Center showing 11.9 million
unauthorized immigrants living in the United States in March
2008, 12.4 million in March 2007, 11.5 million in March 2006,
and 11.1 million in March 2005 (Passel and Cohn, 2008).
2The additional sampling error introduced by shifting the reference date of the foreign born popula-
tion to January 1 is not large enough for sampling error to accountfor the 2008-2009 changein
the unauthorized population.
Table 2.
The sensitivity of the estimates to assumptions about undercount
of the foreign-born population and emigration is illustrated with
several examples. Doubling the unauthorized immigrant under-
count rate from 10 percent to 20 percent increases the estimated
unauthorized population from 10.8 million to 12.1 million. By
lowering or raising emigration rates 20 percent and holding all
other assumptions constant, the estimated unauthorized immi-
grant population would range from 10.0 million to 11.5 million.
Doubling the unauthorized immigrant undercountrate and low-
ering or raising emigration rates by 20 percent would expand the
range of the estimated unauthorized immigrant population to
11.3-13.0 million.
Period of Entry
Of the 10.8 million unauthorized immigrants in 2009, 4.0 mil-
lion (37 percent) had entered the United States on January 1,
2000 or later (see Table 1). An estimated 0.9 million (8 percent)
came to the United States between 2005 and 2008 while 3.0 mil-
lion (28 percent) came during 2000 to 2004.Forty-four percent
cameto live in the United States during the 1990s, and 19 percent
entered during the 1980s.
Components of the Unauthorized Immigrant Population
in 2009
The size of each componentof the unauthorized immigrant popu-
lation estimates for 2009 is displayed in Table 2. See Appendix 1 for
a detailed explanation of each entryinTable 2. For the foreign-born
population, the starting point was the estimated 29.0 million for-
eign-bornresidents in the 2008 ACS that entered the UnitedStates
during 1980-2008. This population was increased by 2.2 million,
or 8 percent, by adjustments for the shift in the reference date from
mid-year 2008 to January 1, 2009 and the addition of undercounts
for the populations of nonimmigrants, other legally resident immi-
grants, and unauthorized immigrants. The estimated undercount of
Components of the Unauthorized Immigrant Population: January 2009
a. Foreign-born population, entered 1980-2008, 2008 ACS... 1...eeeee eee ener e ee eens
. Adjustmentfor shift in reference date from July 1, 2008 to January 1,2009 . 2...ecce ee ene ee eee ence ees
. Undercount of nonimmigrants IN ACS 2.0.eeee ee ee ee ee Eee EERE eee ete eee teens
. Undercountof otherlegally resident immigrants (LPRs, recent refugee/asylee arrivals) in ACS 2.0... 0.0... ccc eee ence
. Undercount of unauthorized immigrant population in ACS... 22...eeeeeele eee eet eee en enes
m
~
eo
a
o
e
29,010,000
490,000
190,000
470,000
1,080,000
Estimated foreign-born population, January 1, 20099 (a.+b.+c.+d.+e.).
2) Legallyresident population oe
31,220,000
g. LPR, refugee, and asylee flow January 1, 1980-December 34,"2008eeeee eee erent ene eee ee ete
h. Mortality 1980-2008206. enn ee nee Eee teres
i. Emigration 1980-2008. 00.eeee eee eee eee Eeeee eee Eee eee eee eens
j. UPR, refugee, and asylee resident population, January 1, 2009 (gel)...eeee eee ne ee eee eee
k. Nonimmigrant population on January 1, 2009 . 0...eene ee eee nee ee ree ee teehee nen eee eee
t. Estimated legally resident population, January 1, 2009 (j.+k.)
3) Unauthorized Immigrantpopulation :
23,540,000
1,520,000
3,420,000
18,610,000
1,860,000
20,470,000
m. Estimated resident unauthorized immigrant population, January 1, 20099 (f.hyee eee eet eee ee nee eee 10,750,000
Detail may not sum to totais because of rounding.
Source: U.S. Department of Homeland Security.
DHS Office of Immigrati
on Statistics;
Figure 2.
January 2009 and 2000
Milltons
10.0 -
8.0
6.0
4.0
2.0
Region of Birth of the Unauthorized Immigrant Population:
Mexico continuedto be the leading source of unauthorized immi-
gration to the United States (see Table 3 and Appendix 2). There
were 6.7 million unauthorized immigrants from Mexico in 2009,
representing 62 percent of the unauthorized population. The next
leading source countries for unauthorized immigrants in 2009
were El Salvador (530,000), Guatemala (480,000), Honduras
(320,000), and the Philippines (270,000). The ten leading coun-
tries of origin represented 85 percent of the unauthorized immi-
grant population in 2009.
Between 2000 and 2009, the Mexican-born unauthorized immi-
grant population increased 2.0 million or 42 percent. The greatest
percentage increases occurred among unauthorized immigrants
from Honduras (95 percent), Guatemala (65 percent), and India
(64 percent).
Estimates by State of Residence
California remained the leading state of residence of the unau-North America Asia South America Europe Other
Source: U.S. Department of Homeland Security. thorized immigrant population in 2009, with 2.6 million (see
Table 4 and Appendix 2). The next leading state, Texas, had 1.7
oo, . million unauthorized residents, followed by Florida with 720,000,
the unauthorized immigrant population
in the ACS wasnearly 1.1 million and Tape 3.
represents 49 percentof all adjustments
to the foreign-born population.
Country of Birth of the Unauthorized Immigrant Population: January 2009 and 2000
For the legally resident population, the
starting point was the flow of 23.5 mil- E
lion LPRs, refugees, and asylees during All countries . 10,750,000 8,460,000! 100| 100 27 250,000
1980-2008. By January 2009, the 23.5 Mexico............ 6,650,000 4,680,000 62 55 42} 220,000
million had been reduced by 4.9 mil- El Salvador ......... 530,000 430,000 5 5 25 10,000
lion to 18.6 million due to mortality Guatemala.......... 480,000 290,000 4 3 65 20,000
d emigration. Emigration accounted Honduras........... 320,000 160,000 3 2 95 20,000
an gration. £mig Philippines.......... 270,000} 200,000 2 2 33 40,000
for 3.4 million, or 69 percent, of the india.............. 200,000} 120,000 2 1 64 10,000
4.9 million. The addition of the nonim- Korea............. 200,000 180,000 2 2 14 —
migrant population, estimated at 1.9 Ecuador............ 170,000 110,000 2 1 55 10,000
million, resulted in a total estimated Brazil...........6.. 150,000 100,000 1 1 49 10,000
legally resident immigrant population CRIM --s- se 120,000 190,000 1 2 -37 (10,000)
gauly grant pop Other countries ...... 1,650,000 2,000,000 15 24 17 | (40,000)
of 20.5 million on January 1, 2009.
Submracting the 20.5 million legally resi-
~—— Represents less than 5,000.
Detail may not sum to totals because of rounding.
Source: U.S. Department of Homeland Security.dent immigrants from the total 31.2
million foreign-born population on
January 1, 2009 that entered the United
States during 1980-2008 yields the final
Table 4,
State of Residence of the Unauthorized Immigrant Population: January 2009 and 2000
estimated unauthorized population of
10.8 million.
Estimates by Region and Country All states ...... 10,750,000 8,460,000| 100| 100 250,000
of Birth California....... 0... 2,600,000 2,510,000 24 30 3 10,000
An estimated 8.5 million of the total Texas ..........--- 1,680,000 1,090,000 16 13 54 70,000
10.8 million unauthorized immigrants Florida........0.... 720,000 800,000 7 9 -10 (10,000)
living in th ited " New York... ec... eee 550,000] 540,000 5 6 1 —
iving in the United States in 2009 were winois.... 02... 540,000} 440,000 5 5 24 10,000
from the North America region, includ- Georgia............ 480,000 220,000 4 3 115 30,000
ing Canada, Mexico, the Caribbean, and_ Arizona............ 460,000 330,000 4 4 42 20,000
Central America (see Figure 2). The next North Carolina....... 370,000 260,000 3 3 43 10,000
. . _ : New Jersey ......... 360,000] 350,000 3 4 3 —
leading regions of origin were Asia
8 Teg a 8 h : Nevada..........., 260,000 170,000 2 2 55 10,000
(980,000) and South America other states ........ 2,730,000 1,760,000 25 21 55 110,000
(740,000). — Represents /ess than 5,000.
Detall may not sum to totals becauseof rounding.
Source: U.S, Department of Homeland Security.
Figure 3.
Age and Genderof the Unauthorized immigrant Population: January 2009
Millions
3.0 -
2.5 + Hi male
| Femaie
Under 18 to 25 to 35 to 45 to 55 years
18 years 24 years 34 years 44 years 54 years and over
Source: U.S. Department of Homeland Security.
Table 5.
Age and Genderof the Unauthorized Immigrant Population: January 2009
Age - _ Number ercent. |. Numbe e _ Number
Allages .......... 10,750,000 100 6,190,000 100 4,570,000
Under 18 years ...... 1,320,000 12 710,000 11 620,000
18 to 24 years....... 1,410,000 13 890,000 14 520,000
25 to 34 years....... 3,650,000 34] 2,270,000 37 1,380,000
35 to 44 years....... 2,930,000 27 1,630,000 26 1,300,000
45 to 54 years....... 1,040,000 10 530,000 8 510,000
55 years and over .... 390,000 4 160,000 3 230,000
Detail may not sum to totals because of rounding.
Source: U.S. Department of Homeland Security.
New York with 550,000, and Hlinois
with 540,000. California’s share of the
national total was 24 percent in 2009
compared to 30 percent in 2000. The
greatest percentage increases in the
unauthorized population between 2000
and 2009 occurred in Georgia (115
percent), Nevada (55 percent), and
Texas (54 percent).
Estimates by Age and Gender
In 2009, 61 percent of unauthorized
immigrants were ages 25 to 44 years,
and 58 percent were male (see Figure 3
and Table 5). Males accounted for 62
percent of the unauthorized population
in the 18 to 34 age group in 2009 while
females accounted for 52 percent of the
45 and older age groups.
NEXT STEPS
The estimates presented here will be
updated periodically based on annual
data of the foreign-born population col-
lected in the American Community
Survey and on the estimated lawfully
resident foreign-born population
derived from various administrative
* data sources.
APPENDIX 1
Components for Estimating the Unauthorized Resident
Population
The material below describes how each componentwas estimated.
Note that the labels for each component correspond with the
entries in Table 2.
1) Foreign-born population
a Foreign-born population, entered 1980-2008
The estimated total foreign-born population that entered
between 1980-2008 was obtained from the ACS’s
FactFinder. FactFinder is the Census-maintained online data
portal for obtaining ACS estimates from thefull sample for
a particular year. Data on the distribution ofthe foreign
born by country of origin,state of residence, year ofentry,
age, and gender were obtained from the 2008 Public Use
Microdata Sample (PUMS). The overall FactFinder estimate
for the total foreign-born population enteringin the post-
1979 period was reduced to remove PUMSestimates of the
post-1979 Cuban-born population. Further, a three-year
moving average was applied to PUMSdata for year of entry
to reduce heapingeffects.
Shift in reference date to January 1, 2009
The reference date for the 2008 ACS,the most recently avail-
able ACS data, was shifted from mid-year 2008 to January1,
2009 by multiplying the population of 2008 entrants by
1.72, which is the average ofthree ratios: the ratio of the
estimated population in the 2008 ACS that entered the
United States during 2007 compared to the population in
the 2007 ACS that entered in 2007 and the comparable
ratios for the 2006 entrants in the 2006 and 2007 ACSsur-
veys and the 2005 entrants in the 2005 and 2006 ACS sur-
veys. Previous DHS estimates used an average of five ratios;
however,the average of three ratios better reflects recent
population growth in the second half of the year.
Undercountofnonimmigrants in the ACS
Undercountrefers to the number of persons who should
have been counted in a survey or census, but were not. A rate
of 10 percent was used to estimate the nonimmigrantunder-
count. This rate was used in previous DHS unauthorized
population estimates for 2000 and 2005-2008 (Department
of Homeland Security, 2003; Hoefer et al., 2006, 2007,
2008, 2009).
UndercountofLPRs, refugees, and asylees in the ACS
The undercountrate for LPRs, refugees, and asylees in the
ACS was assumed to be 2.5 percent. This was the samerate
used in DHS estimates for 2000 and 2005-2008
(Department of HomelandSecurity, 2003; Hoefer etal.,
2006, 2007, 2008, 2009).
e. Undercount ofunauthorized immigrants in the ACS
The undercountrate for unauthorized immigrants in the
ACS was assumedto be 10 percent. This was the samerate
used in previous DHS estimates for 2000 and 2005-
2008 (Department of Homeland Security, 2003; Hoefer
et al., 2006, 2007, 2008, 2009).
f, Estimated foreign-born population, January 1, 2009
The sum of 1a. through le. (above) is the estimated for-
eign-born population on January 1, 2009 that entered the
United States during the 1980-2008 period.
2) Legally resident population
g- Legal permanent resident (LPR), refugee, and asylee
flow, entered 1980-2008
The 1980-2008 flow was calculated separately for LPRs,
refugees, and asylees. LPRs consist of two groups: new
arrivals and those who have adjusted status. New arrivals
include all persons with immigrantvisas issued by the State
Department who were admitted at a US. port of entry. For
newarrival LPRs, the date of entry into the UnitedStatesis
the same as the date of approval for LPR status. For LPRs
adjusting status, year of entry was assumedto bethe year
of last entry between 1980 and 2008 prior to adjustment.
Year of entry was imputed when last entry date was miss-
ing (affecting approximately 40 percent of adjustment of
status records during 1998-2005) using category of admis-
sion, year of LPR adjustment, and known last entry date.
Refugees and asylees included in thelegally resident flow
had not adjusted to LPR status as of January 1, 2009. The
refugee and asylee flow was estimated based on the aver-
age time spent in the status before adjustment to LPR sta-
tus—3.0 years for refugees and 5.3 years for asylees
adjusting in 2008. The refugee and asylee portion of the
legally resident flow therefore included refugees who
arrived in the United States during the 3.0 years prior to
2009 and persons granted asylum during the 5.3 years
preceding 2009.
h. Mortality oflegally resident flow 1980-2008
Data are notcollected on the mortality of legally resident
immigrants. LPRs were survived to 2009 by genderand age
(taking into account subsequent naturalization) using mor-
tality rates by age and sex from 1989-1991 life tables
(National Center for Health Statistics, 1997).
aS 4 = DHSOfficeofimmi:igration Statistic 4
i. Emigration oflegally resident flow 1980-2008
Emigration is a major componentof immigrant population
change.In the absenceof data that directly measure emigra-
tion from the UnitedStates, researchers have developed indi-
rect estimates based largely on Census data. For this report,
annual emigration rates by year of entry (year of naturaliza-
tion if the immigrant subsequently became a US.citizen)
were calculated from estimates of emigration of the foreign-
born population based on 1980 and 1990 Census data
(Ahmedand Robinson, 1994). In addition, refugees and
asylees, withlittle likelihood of returning to their country of
origin, were assumed not to emigrate. The overall effective
rate of emigration for legally resident immigrants in 2009
was about 22 percent after twentyyears.
LPR, refugee, and asylee population on January 1, 2009
Subtracting mortality (2h.) and emigration (2i.) from the
LPR,refugee, and asylee flow during 1980-2008 (2g. results
in the estimated LPR,refugee, and asylee resident population
on January 1, 2009.
Nonimmigrant population on January 1, 2009
The number of nonimmigrants living in the United States on
January 1, 2009 was estimated by counting days of presence
between July 1, 2008 and June 30, 2009 and dividing the
APPENDIX 2
Countryof Birth and State of Residence of the Unauthorized Immigrant Population: January 2000 and 2005-2009
_
result by 366. The estimate was restricted to classes of admis-
sion such as students, temporary workers, and exchangevisi-
tors where the length of stay typically exceeds two months.
The estimate does notinclude border crossers or visitors for
business or pleasure. Year of entry for the 2009 nonimmi-
grant population was based on thedistribution of year of
entry for nonimmigrants used in previous DHS unauthorized
immigrant population estimates (Department of Homeland
Security, 2003; Hoefer et al., 2006, 2007, 2008, 2009).
Estimated legally resident immigrant population on
January 1, 2009
Adding the population of LPRs, refugees, and asylees on
January 1, 2009 (2j.) to the nonimmigrant population on
the same date (2k.) results in the total estimated legally res-
ident immigrant population in the United States on January
1, 2009.
3) Unauthorized immigrant population
m. Estimated unauthorized immigrant population on
January 1, 2009
Subtracting the estimatedlegally resident immigrant popu-
lation (21.) from the total foreign-born population on
January 1, 2009 (1f.) yields the estimate of the unauthor-
ized immigrant population.
Estimated population in January
Country of birth : ( 5 es 2006"| 2007)© 20 2009.
All countries ....... 8,460,000 10,490,000 11,310,000 11,780,000 11,600,000 10,750,000
Mexico ............ 4,680,000 5,970,000 6,570,000 6,980,000 7,030,000 6,650,000
El Salvador ......... 430,000 470,000 510,000 540,000 570,000 530,000
Guatemala.......... 290,000 370,000 430,000 500,000 430,000 480,000
Honduras........... 160,000 180,000 280,000 280,000 300,000 320,000
Philippines. ......... 200,000 210,000 280,000 290,000 300,000 270,000
India... ......-0... 120,000 280,000 210,000 220,000 160,000 200,000
Korea ............. 180,000 210,000 230,000 230,000 240,000 200,000
Ecuador............ 110,000 120,000 150,000 160,000 170,000 170,000
Brazil... ...-....005 100,000 170,000 210,000 190,000 180,000 150,000
China ..........05. 190,000 230,000 170,000 290,000 220,000 120,000
Other countries ...... 000,000 2,280,000 2,290,000 2,100,000 ; 2,000,000 1,650,000
ae : & : >>> Estimated population InJanuary oe ae a
State ofresidence £2000 22008fe 2006 2007} 23/2008 Pe 2009)
All states ......... 8,460,000 10,490,000 11,310,000 11,780,000 11,600,000 10,750,000
California........... 2,510,000 2,890,000 2,790,000 2,840,000 2,850,000 2,600,000
TexaS ........-.0.. 1,090,000 1,670,000 1,620,000 1,710,000 1,680,000 1,680,000
Florida...........0. 800,000 970,000 960,000 960,000 840,000 720,000
New York... ......0- 540,000 560,000 510,000 640,000 640,000 550,000
Winois..... eee eee 440,000 550,000 530,000 560,000 550,000 540,000
Georgia............ 220,000 490,000 490,000 490,000 460,000 480,000
Arizona ............ 330,000 510,000 490,000 530,000 560,000 460,000
North Carolina....... 260,000 370,000 360,000 380,000 380,000 370,000
New Jersey ......... 350,000 440,000 420,000 470,000 400,000 360,000
Nevada............ 170,000 230,000 230,000 260,000 280,000 260,000
Other states ........ 1,760,000 1,800,000 2,900,000 2,950,000 2,950,000 2,730,000
Detail may not sum to totals because of rounding. .
*Revised as noted in the 1/1/2007 report p in 2008.
Source: U.S. Department of Homeland Security.
DHS Office of Immigration Statisticses
REFERENCES
Ahmed,Bashir and J. Gregory Robinson, 1994.“Estimates of
Emigration ofthe Foreign-Born Population: 1980-1990,”
Technical Working Paper No. 9, U.S. Bureau of the Census, http://
www.census.gov/population/www/documentation/twps0009/
twps0009.html
Hoefer, Michael, Nancy Rytina and Christopher Campbell, 2006.
“Estimates of the Unauthorized Immigrant Population Residing in
the United States: January 2005,” Office of Immigration Statistics,
Policy Directorate, U.S. Department of HomelandSecurity, http://
www.dhs.gov/xlibrary/assets/statistics/publications/ILL_
PE_2005.pdf
Hoefer, Michael, Nancy Rytina and Christopher Campbell, 2007.
“Estimates of the Unauthorized Immigrant Population Residing in
the United States: January 2006,” Office of Immigration Statistics,
Policy Directorate, U.S. Department of HomelandSecurity, http://
www.dhs.gov/xlibrary/assets/statistics/publications/ill_
pe_2006.pdf
Hoefer, Michael, Nancy Rytina and Bryan C. Baker, 2008.
“Estimates of the Unauthorized Immigrant Population Residing in
the United States: January 2007,” Office of Immigration Statistics,
Policy Directorate, U.S. Department of HomelandSecurity, http://
www.dhs.gov/xlibrary/assets/statistics/publications/ois_ill_
pe_2007.pdf
Hoefer, Michael, Nancy Rytina and Bryan C. Baker, 2009.
“Estimates of the Unauthorized Immigrant Population Residing in
the UnitedStates: January 2008,” Office of ImmigrationStatistics,
Policy Directorate, U.S. Department of HomelandSecurity, http://
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pe_2008.pdf
National Center for Health Statistics, 1997. U.S. Decennial Life
Tables for 1989-91,Vol. 1, No. 1. Hyattsville, Maryland, U.S.
GovernmentPrinting Office.
Passel, Jeffrey S. and D’Vera Cohn, 2008. “Trends in Unauthorized
Immigration: Undocumented Inflow Now Trails Legal Inflow,”
Pew Hispanic Center, http://pewhispanic.org/files/reports/94.pdf
U.S. Census Bureau, 2009. “Changes to the American Community
Survey Between 2007 and 2008 and Their Potential Effect on the
Estimates of Hispanic Origin Type, Nativity, Race and Language.”
hup://www.census.gov/population/www/socdemo/hispanic/
acs08researchnote.pdf
U.S. Department of HomelandSecurity, 2003. “Estimates of the
Unauthorized Immigrant Population Residing in the United
States: 1990 to 2000,” http://www.dhs.gov/xlibrary/assets/
statistics/publications/Tll_Report_1211.pdf
DHSOffice ofimmigrationStatistics
PROOF OF SERVICE BY MAIL
I am more than eighteen years old and not a party to this action. My business
address is Orrick, Herrington & Sutcliffe LLP, 405 Howard Street, San Francisco, CA
94104. On July 18, 2011, I served the following documents:
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on the interested parties in this action by placing true and correct copies
thereof in sealed envelope(s) addressed as follows:
Sergio C. Garcia
P.O. Box 662
Durham, CA 95938
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State Bar of California
180 HowardStreet
San Francisco, CA 94105
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Fishkin and Slatter LLP
1575 Treat Boulevard, Suite 215
Walnut Creek, CA 94598
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Office of the General Counsel, State Bar of
California
180 HowardStreet
San Francisco, CA 94105
Committee of Bar Examinersofthe State
Bar of California : Non-Title Respondent
1149 S. Hill Street
Los Angeles, CA 90015
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Gibson Dunn and Crutcher LLP
3161 Michelson Drive
Irvine, CA 92612-4412
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Onthe date indicated above,I placed the sealed envelope(s) for collection
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OHSUSA:75 1006839.1
with this firm’s practice for the collection and processing of correspondencefor mailing
with the United States Postal Service. Underthat practice, the firm’s correspondence
would be deposited with the United States Postal Service on this same date with postage
thereon fully prepaid in the ordinary course of business.
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