DACA & UNDOCUMENTED STUDENT RESOURCE
WHAT IS DACA?
On June 15, 2012, the secretary of Homeland Security announced that certain people who came to the United States as children and meet several guidelines may request consideration of deferred action for a period of two years, subject to renewal. They are also eligible for work authorization. Deferred action is a use of prosecutorial discretion to defer removal action against an individual for a certain period of time. Deferred action does not provide lawful status.
You may request DACA if you...
• Were under the age of 31 as of June 15, 2012
• Came to the United States before reaching your 16th birthday
• Have continuously resided in the United States since June 15, 2007, up to the present time
• Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS
• Had no lawful status on June 15, 2012, meaning that:
⚬ You never had a lawful immigration status on or before June 15, 2012, or
⚬ Any lawful immigration status or parole that you obtained prior to June 15, 2012, had expired as of June 15, 2012
• Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
• Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
How does DACA impact you as a student looking for employment?
• There is no citizenship requirement associated with DACA? This means...
You NEVER have to disclose their DACA status during the hiring process
• An employer cannot deny you employment with a current DACA permit. Even if it is expiring.
Will you ever have to show your DACA work permit to an employer?
• You will have to show your DACA work permit on the first day of work, with I-9 paperwork
• You will have to show your new DACA card to your employer when you renew- every 2 years
Disclosing Your Status to Employers
It can be confusing and stressful to decide when and with whom to share your status. Throughout the job search and hiring process it is important to provide information that is true and authentic, however, you ultimately get to decide whether or not to share your status. Come in to talk with a staff member about strategies for disclosing your status at different points in the process.
You may decide to share your status with an organization early in the hiring process or in an interview if you feel comfortable doing so, and to start a discussion about how to move forward in the process. It is important to consider who you would want to disclose to (sharing with a recruiter vs. a supervisor) and in what manner (disclosing in a personal statement for grad school vs. in an interview).
Filling Out Applications
On job applications there is usually a question that says: “Are you legally authorized to work in the United States?”
If you have DACA you can answer “yes” to the question and continue through the hiring process without having to disclose more detailed information about your background. See the section below for more information on DACA.
If you do not have DACA or another work authorization status, there are other options you may consider for gaining experience and finding employment. See the section below for alternative employment options.
DACA & Alternative Employment Options
DACA
Deferred action for childhood arrivals (DACA) provides temporary relief from deportation and work authorization for individuals who came to the U.S. as children and who meet certain guidelines.
To learn more about DACA eligibility and the application process, visit the Department of Homeland Security website.
This employer guide on DACA has useful information on how to complete the required I-9 Form for Employment Eligibility. All employees must submit an acceptable document that establishes identity and employment authorization. DACA is item 4 on List A.
Alternative Employment Options
If you do not have DACA, or are wondering what your options are while we wait for the Supreme Court decision on DACA, you may consider other avenues for getting professional experience, such as:
If you receive an internship offer, you may ask the employer not to be paid and pursue other means of financial support such as those mentioned above.
You may discuss with an employer the option of working as an independent contractor. Independent contractors often do the same type of work, but instead of working for one employer, might work for multiple clients. Examples of independent contractor jobs include tutor or child care provider.
An independent contractor can use an Independent Taxpayer Identification Number (ITIN), which can be obtained regardless of immigration status. Read Life after College: A Guide for Undocumented Students by Immigrants Rising for more information (pages 29-35).
If you are interested in starting your own business, a Limited Liability Company (LLC) may be an option to consider. An LLC is composed of an individual or a group of people who are both workers and owners of a business. Read Life after College: A Guide for Undocumented Students by Immigrants Rising for more information (pages 35-37).
Graduate School
If you want to continue your education after earning a bachelor’s degree, graduate school may be your next step. If you are considering whether to apply to graduate school, sign up for a career counseling appointment to talk with a counselor about the decision and to get help finding programs.
Financing Graduate School
Many graduate schools offer funding to help with the cost of graduate school. Some financial assistance comes in the form of research or teaching assistantships. Some programs also offer scholarships for incoming students. This blog from My (Un)Documented Life has tips on applying to graduate school as an undocumented student. Also check out the following resources for graduate scholarships:
Law
The DREAM Bar Association (DBA) is a nonprofit legal organization led by undocumented law students and practitioners that provides a network for undocumented immigrants who are interested in pursuing a career in law.
The Law School Admissions Council (LSAC) also offers a fee waiver for the LSAT for candidates who are unable to pay for the test. If you have DACA or have applied for DACA you can apply for the fee waiver.
Medicine
Pre-Health Dreamers (PHD) is a national network that provides support to undocumented students who are pursuing careers in health and science. You’ll find much more, including a list of internships available to undocumented students, on the PHD website.
The Latino Medical Student Association has a scholarship for pre-medical students interested in advancing healthcare and education for Latino and underserved communities. Students are eligible to apply regardless of immigration status.
For additional guidance as a DACA student at Davidson College, feel free to reach out to Davidson alum Will Hummel