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  • Calendar
  • By Virginia Fonseca
  • January 28, 2020

DACA Facts

DACA Facts

DACA Facts https://oia.lacounty.gov/wp-content/themes/blade/images/empty/thumbnail.jpg 150 150 Virginia Fonseca Virginia Fonseca https://secure.gravatar.com/avatar/4b3ad06e4110466e451950d247cae26879fc71d52d3e2201183118ae7e4ac827?s=96&d=mm&r=g January 28, 2020 February 4, 2021
Note: This information page is being reviewed and edited following the June 18 Supreme Court ruling. Check back for updates.

WHAT YOU NEED TO KNOW ABOUT DACA

This document provides general information, and legal questions should be directed to an attorney. The Office of Immigrant Affairs can assist you with finding free or low-cost immigration advice.

  1. New DACA Applications or Renewals
  • After September 5, 2017, the United States Citizenship and Immigration Service (USCIS) no longer accepts new DACA applications.
  • If you currently have DACA or if you have ever had DACA previously, the USCIS will accept renewal applications.
  • Immigration and Customs Enforcement (ICE) has advised that it will not target DACA recipients or applicants for renewal for enforcement. However, before submitting your renewal application you should consult with an immigration attorney if you have had any criminal convictions while receiving DACA benefits. For a list of legal and financial resources click here. Note that any criminal record may put you at risk with immigration authorities. You should discuss your individual circumstances with an experienced immigration attorney before you decide whether to renew your DACA.
  1. Risk of Deportation

A 2012 Executive Order granted DACA recipients “deferred action” from deportation. This means that a DACA recipient was deferred from removal action based on discretionary prosecutorial authority. Revoking DACA implies that DACA recipients will be treated in the same manner as all other undocumented immigrants. It does not necessarily mean that DACA recipients will be prioritized for deportation. However, the Administration has stated that it is prioritizing for removal anyone convicted of a crime or otherwise posing a threat to public safety.

  1. Work Permit

The employment authorization document (EAD) does not currently indicate that it was granted as a result of DACA. Therefore, an EAD should be valid until its expiration date.  You have the right to work legally until your work permit’s expiration date.

Your employer does not have the right to ask you whether you are a DACA recipient or how you got your work permit.

Your employer does not have the right to fire you, put you on leave, or change your work status until after your work permit has expired. If your expiration date is nearing, your employer may ask you for an updated work permit but cannot take any action against you until after it is expired.

Please contact the Los Angeles County Office of Immigrant Affairs if you believe that your employer has discriminated or retaliated against you due to your immigration status.

  1. Social Security Number (SSN)

If you have not applied for a social security number, you should do so immediately while your DACA and work permit are still valid. You may continue to use your SSN obtained under DACA for educational, banking, and housing purposes, even if your DACA expires or is revoked. Your SSN cannot be used for employment purposes without a valid work permit.

  1. Driver’s License and State ID

California Assembly Bill 60 (AB 60) allows you to apply for a California Driver’s License, even if your DACA expires or is revoked. The California Department of Motor Vehicles will grant you a Driver’s License if you meet their requirements regardless of your immigration status. Visit the DMV website for details on how to obtain a Driver’s License under AB 60: dmv.ca.gov/portal/dmv/detail/ab60.

  1. Travel on Advance Parole

Advance parole is a permit to allow someone who does not have a valid immigrant visa to re-enter the United States after traveling abroad.  Advance parole is no longer available for DACA recipients.

  1. Medical Coverage

Currently, there are no changes to the Medi-Cal program for DACA recipients.  DACA recipients will continue to receive full-scope, state-funded Medi-Cal as long as they otherwise meet all Medi-Cal eligibility requirements.

  1. Student Financial Aid

If you are receiving state-funded financial aid while attending California colleges, you will not lose your financial aid. Stated-funded financial aid was made available to DACA recipients based on the California Dream Act. Regardless of DACA status, the California Dream Act will remain intact. The California Student Aid Commission will not share your personal information with the federal government or immigration enforcement agencies.

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