Undocumented Student Support

What is Deferred Action for Childhood Arrivals (DACA)?

Federal immigration program that was created under the Obama Administration in 2012; DACA provides eligible undocumented immigrants with:

• Temporary protection from deportation
• Access to work authorization
• Permission to travel abroad

Current DACA Status

On September 13, 2023, a federal court issued a decision confirming an earlier decision to halt to the DACA program, but allowed DACA renewals to continue while the Biden administration appeals the ruling. That means:

1. USCIS is still not approving new DACA applications for those who’ve never had DACA or those whose DACA status has lapsed for more than one year.
2. Two-year DACA renewals are still available for those currently enrolled in DACA, and those who renew within one year of DACA expiration.
3. Travel abroad, called advance parole, is available for current DACA recipients traveling for humanitarian, educational and business reasons.

What Happens Now?

While the Biden administration prepares an appeal to the latest decision, holders are urged to continue to renew their DACA status timely and consult with a qualified immigration law provider to discuss other potential options to remain in the United States with lawful status.

I’m a DACA recipient. Will the information I shared with the federal government be used to deport me?
The federal government has stated its current policy is that information provided in DACA requests is “protected from disclosure” to immigration enforcement agencies unless the individual meets the criteria for the issuance of a Notice To Appear or a referral to immigration enforcement authorities under the criteria set forth in the federal government’s Notice to Appear guidance (www.uscis.gov/NTA). Generally, such criteria address cases that involve public safety threats, criminal matters, and/or allegations of fraud.

When my DACA expires, will Immigration and Customs Enforcement (ICE) immediately arrest me?
Unlikely. We do not expect ICE to arrest most people who lose DACA status. Most at risk are those with outstanding deportation orders or criminal records.

Can I get USCIS permission to travel abroad based on my DACA status?
Yes. USCIS is granting travel permission, called “advance parole,” to DACA recipients.

Can I get into another legal status?
For most people with DACA, the path to legal status is very limited. This is why it is important to consult with an attorney. Contact CUNY Citizenship Now!, CUNY’s free immigration law service program by calling 646-664-9400 or texting 929-334-3784. Please identify yourself as a CUNY student, faculty or staff. If you qualify to renew or reinstate DACA, CN! will help you complete your application and advise you of the availability of filing fee assistance.

If I lose DACA, will I still be able to go to college at CUNY?
Yes. The City University of New York is dedicated to providing a high quality, accessible education to all New Yorkers, regardless of residency status or citizenship.

I currently pay in-state tuition at CUNY. If I lose DACA will I be charged out-of-state tuition?
Even if DACA is terminated, most students will continue to pay in-state tuition. New York State provides in-state tuition to its non-citizen New York high school graduates without regard to immigration status.

I have DACA and a work permit. Is my work authorization still valid?
Your employment authorization card (work permit) is valid until expiration, unless it is individually terminated or revoked.

If I lose my DACA status but my employment authorization card (work permit) is valid until expiration, will my employer be able to pay me less than minimum wage? What if I get hurt on the job?
Non-citizens regardless of immigration category or work authorization are protected by labor standards laws such as those that provide for minimum wages and prevent unpaid wages and workman’s compensation.

If my DACA status expires, will my employer fire me?
At the point you lose your DACA status, you will no longer be authorized to work as an “employee” in the United States.

If my DACA authorization expires and I no longer am able to work as an employee, is there another way for me to earn money?
Regardless of the possible termination of DACA, if you are working as an independent contractor rather than as an employee, you may continue working. DACA beneficiaries may continue to use their SSNs to work as an independent contractor or start a business; both options do not require work authorization. Regardless of the possible termination of DACA, DACA beneficiaries may continue to use their SSN to work as an independent contractor or start a business; both options do not require work authorization (For more information)

I have DACA status and am covered by Medicaid. Will I lose my health insurance if I lose DACA?
No. Under New York State law, individuals with DACA status and those with rescinded DACA status, may be eligible for state-funded Medicaid. If your DACA status has been rescinded, contact NY State of Health at 1-855-355-5777, TTY: 1-800-662-1220.

What is Temporary Protected Status (TPS)?

Allows individuals from certain countries to remain in the United States if it is unsafe for them to return to their home country due to:

• Ongoing armed conflict (such as civil war)
• An environmental disaster (such as an earthquake or hurricane)
• Other extraordinary and temporary conditions

Under Valid Temporary Protected Status:

• Individuals are not able to be removed from the United States
• Can receive an employment authorization document
• May be permitted to travel domestically and internationally (based on case by case basis)

Who qualifies for TPS?

Immigrants from  Afghanistan, Burma, El Salvador 🇸🇻, Haiti 🇭🇹, Honduras 🇭🇳, Nepal 🇳🇵, Nicaragua 🇳🇮, Somalia 🇸🇴, Syria 🇸🇾, Sudan 🇸🇩, South Sudan 🇸🇸, Ukraine, Yemen 🇾🇪, Venezuela

The Problem

Before December 2019, over 700,000 people older than 16 weren’t allowed to apply for their driver’s license due to their undocumented immigration status.

This caused many problems, as many immigrants were not able to carry proper identification or even register and insure their cars — both of which are state law.

Because they didn’t have proper ID, many immigrants were at risk during police interactions, feared detention and even possible deportation.

The Green Light Law Act — The Solution

Enacted in December 2019, the Green Light Law Act, also known as “The Driver’s License Access and Privacy Act”, allows all New Yorkers 16 years of age or older, including undocumented immigrants, to apply for a standard, non-commercial driver license or learner permit regardless of their citizenship or lawful status in the United States.

Under this Act, DMV officials are not allowed to ask about one’s citizenship or legal status here in the United States. You also do not need a Social Security card to apply for a license or permit under this law.

However, you must sign an Affidavit (sworn statement) of never having been issued a Social Security Number when you apply for a standard driver license. Also, a standard driver’s license cannot be for federal purposes, like boarding an airplane, or to enter the United States.

What is the READ ID Act?

Starting on May 3, 2023, everyone residing in the United States will be required to show a REAL ID compliant driver’s license or ID card before boarding a commercial airline flight or entering a federal building or nuclear facility.

Passed by Congress in 2005, the REAL ID Act established countrywide security standards for driver’s licenses and state identification cards. The law prohibits certain federal agencies from accepting licenses and ID cards that do not meet these minimum standards.

All states have now implemented the extra security measures required by the law when issuing driver’s licenses and ID cards. The card, itself, must be REAL ID compliant unless the resident is using an alternative acceptable document such as a passport or passport card, or state-issued Enhanced Driver’s License

How can I obtain a REAL ID ?

To obtain a REAL ID in all states, you must provide, at a minimum, documentation showing:

• Full Legal Name
• Date of Birth
• Social Security Number
• Two Proofs of Address of Principal Residence; and
• Lawful Immigration Status

New York offers three types of ID documents: 1) Standard licenses and IDs; 2) REAL IDs; and 3) Enhanced licenses and IDs. You must be a Lawful Permanent Resident or a U.S. Citizen to obtain a REAL ID, and only U.S. Citizens are eligible for Enhanced licenses and IDs. Only REAL IDs and Enhanced licenses/IDs issued by New York are approved for travel under the REAL ID law.

Standard licenses and IDs issued by New York will not be valid for travel once enforcement of the REAL ID law begins.

What if I can’t get a READ ID?

If you are an undocumented immigrant, an immigration attorney or qualified immigration law provider can help you learn about steps you can take to obtain legal status before the REAL ID law goes into effect.

To check if you have a REAL ID compliant card or to see what the cards look like, the Department of Homeland Security has set up this FAQ website:

https://www.dhs.gov/real-id/real-id-faqs

Individual states may impose additional requirements, so check with your state’s driver’s licensing agency website, before visiting them in person, for additional guidance and assistance.

Administrative Warrant
A warrant that holds little to know legal value. ICE officers cannot enter private spaces with this warrant because their own agency created it and thus, it was NOT signed by a judge.

Deferred Act for Childhood Arrival (DACA)
Federal immigration policy that allows children brought to the US illegally to avoid immediate deportation and receive work authorization.

Dignity for All Students Act
A New York State act signed into law in 2012 to provide all students, including immigrant-origin students, with a safe and supportive environment free from discrimination, harassment, and bullying (including cyberbullying).

F1 Visa
In general ‘F’ visas are issued for academic study purposes. F1 students need to take minimum credits required for full-time students in order to maintain their visas. This visa also allows for students to be employed on campus (less than 20 hr/week).

H1-B Visa
A non-immigrant visa that gives US companies the ability to employee graduate-level workers in specialized fields of work such as Medicine, STEM, Finance, Accounting, Architecture, etc. This visa can last up to six years. Current US Immigration law allows for there to be 65,000 H-1B visas issued each year, with 20,00 additional visas issued to foreign students who are in graduate-level programs.

Humanitarian Visas
A visa that allows a person to become a lawful permanent resident because they suffered some harm or were a victim of a crime. The most common humanitarian visas include the following statuses; refugee, asylee, Violence Against Women Act (VAWA) self-petitioner, T visa for a victim of human trafficking, U visa for a crime victim, or special immigrant juvenile status (SIJ) for minors who have been abused, neglected or abandoned by a parent.

I-9 Work Authorization
Documentation that proves that one can work. This documentation is usually given to employees by one’s employer.

Immigration and Customs Enforcement (ICE)
An agency within the Department of Homeland Security whose stated mission is to “protect America from the cross-border crime and illegal immigration that threaten national security and public safety.”

International Student
Non-immigrants who come to the United States temporarily to take classes at a U.S. University or place of higher education.

ITIN number
Issued to residents with foreign status and to undocumented immigrants. An ITIN is often used on tax forms as undocumented immigrants cannot be issued a social security number.

J1 VISA
Given to students who seek to obtain practical training in a given field that is not available in their native country in order to complete an academic program.

Judicial Warrant
A warrant that gives ICE officers permission to enter private spaces. This warrant is signed by a judge and includes the address of the Courthouse where it was signed.

Plyler v Doe
A 1982 Supreme Court ruling that established that all school-age K-12 students be afforded protections by the Equal Protection Clause of the Fourteenth Amendment, regardless of immigration status. Undocumented students cannot be denied enrollment in public schools. Schools cannot ask about immigration status or social security numbers of their students and families.

Special Immigrant Juvenile Status
Minors (21 and under) in the United States who have been abused, abandoned or neglected by one or both parents, may be eligible for Special Immigrant Juvenile classification. If this classification is granted, the minor may qualify for lawful permanent residency, also known as getting a Green Card.

Temporary Protected Status (TPS)
Status granted to natives of certain countries who have experienced (1) natural disaster in the homeland or (2) ongoing conflict. TPS is available to specific countries and status is granted for a limited period of time.

Undocumented Student
A student in the United States without a legal immigration status. DACA students are sometimes referred to as “undocumented” though they have the right to live and work in the United States.

Visiting Student
A person from overseas who applies to spend a semester or a year at another University outside of their home University.