MSNBC’s Stephanie Ruhle incorrectly claimed Tuesday that DACA recipients cannot have a criminal record.
“Most dreamers come here when they’re six years old,” Ruhle stated. “They cannot have a criminal record. Kris Kobach can say all day long these kids are gangbangers but they’re not — 91 percent of them work.”
MSNBC’s Hallie Jackson repeated the false claim several times during an interview with Kris Kobach later in the morning, asserting that DACA recipients lose their status if they commit any kind of crime.
However, DACA recipients can have a criminal record, just not one that includes the following: a felony, a significant misdemeanor, or three or more other misdemeanors.
Additionally, those who have a criminal record that includes a felony, significant misdemeanor, or three or more misdemeanor may still qualify for DACA if they show “exceptional circumstances.”
The “exceptional circumstances” are not laid out in government writings on DACA and thus appear to be subjectively applied by the Department of Homeland Security. That means that DHS could grant delayed action to whomever they choose, even if that person’s criminal record would typically bar them from DACA status.