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What DACA Recipients Need to Know

How does the September 5th announcement effect current DACA Recipients?

Posted on Thursday, September 14th, 2017 by Lizzie Sarah Biddle.
  1. DACA and employment authorization documents will remain valid until their expiration date. This date is found on the I-795 Approval Notice and at the bottom of your Employment Authorization Document. (EAD)
  1. New DACA applications are no longer being accepted.
  1. If your DACA and work permit expires between September 5 and March 5, 2018, you can renew. The paperwork and fee must be submitted by October 5, 2017.
  1. Talking to a lawyer or other authorized individual is important to see what options you have.
  1. The government has said that USCIS will not give the information of DACA applicants to ICE for enforcement. However, it has also said that policy is subject to change.

What does ending DACA mean in regard to:

Higher Education:

In North Carolina, DACA students are not eligible for in-state tuition, state or federal financial aid; they can attend public and private colleges and universities. Losing DACA does not change anything in this regard.

Drivers License:

Your driver’s license should be valid as long as your work permit is valid. North Carolina does not issue drivers license to undocumented persons. (Some states do.)

Social Security Number:

Once you are issued a Social Security number, it is yours for life. You must use it for tax filing purposes. Use your Social Security Number, not an ITIN (Individual Tax Identification Number). Never use a false Social Security Number.

Employment:

Your employer can re-verify a worker’s employment eligibility only when the information the employee provided on the I-9 form indicates his or her work authorization is about to or has expired. You do not have an affirmative duty to tell your employer that you have DACA or that your work authorization has expired or will expire. An employer cannot single out only those employees who “appear to be foreign or immigrants” for reverification. If you do not qualify for another type of work permit, you may be laid off when your work authorization expires.

The September announcement might cause confusion and some employers may assume work permits of DACA recipients are immediately invalid, rather than valid until expiration. If that’s the situation you‘re experiencing, refer your employer to:

DHS Memo on Rescission of DACA
https://www.dhs.gov/news/2017/09/05/memorandum-rescission-daca

DHS Frequently Asked Questions (FAQ) on DACA Rescission
https://www.dhs.gov/news/2017/09/05/frequently-asked-questions-rescission-deferred-action-childhood-arrivals-daca

For additional information on employment and DACA and options check out the National Immigration Law Center.

Travel Outside the U.S.:

Travel Abroad (Advance Parole) is no longer available. Pending applications will not be processed. The Department of Homeland Security (DHS) will not give DACA recipients permission to travel abroad. If you were given permission to travel that is still valid, CNNC staff do not recommend you travel.

Where can I seek low-cost or free assistance in my area?

This page will continue to be updated as information comes out.

  • Center for New North Carolinians (Greensboro)
    • Kathy Hinshaw, BIA Accredited Representative
    • 336-256-1065 or rkhinsha@uncg.edu
  • Latin American Coalition (Charlotte) – providing free services for DACA renewls and have assistance to cover USCIS fees
    • http://www.latinamericancoalition.org/
    • 704-941-2544
  • NC Justice Center (Raleigh)
    • Katharine Woomer-Deters, Staff Attorney
    • 919-861-2072 or kate@ncjustice.org