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What is the current legal status of the DACA program?
- In October 2022, the 5th Court of Appeals agreed with anti-immigrant Judge Hanen that the DACA program is unlawful; a week later, Judge Hanen ruled that the program can nonetheless continue for now
- For now, folks with DACA can continue to renew; new applications are not being processed, but is possible to submit them, potentially to be processed in the future
- In September 2023, a Texas judge again ruled that the program is illegal; renewals continue to be available
- It is likely that the future of the DACA program will be decided by the U.S. Supreme Court. To stay up to date on this and other development, refer to organizations like ILRC: http://www.ilrc.org/daca
Should I renew DACA?
- Yes; renewals are being accepted and the requirements for DACA are unchanged (listed here: http://www.uscis.gov/i-821d); USCIS recommends that DACA recipients submit their renewal requests 120 to150 days before expiration; processing times are longer than they used to be
What about Advance Parole?
- Advance Parole (which allows re-entry into the country after traveling abroad) is currently an option, but only for a limited range of situations (educational, family-related) or emergency situations (family death etc.)
- Even if approved, using the Advance Parole option to travel internationally could lead to complications upon return due to unpredictable changes to immigration law – always consult with an attorney prior to traveling abroad using Advance Parole!
Will there be a permanent solution for DACA & undocumented individuals?
- The Biden Administration’s wide-ranging 2021 Citizenship Act would provide a (lengthy but stable) pathway to citizenship for undocumented individuals
- If passed, it would also ease Trump administration’s policies that restricted refugee & asylee options, raises visa caps for some categories, and introduce family immigration and refugee/asylee reform
- Other legislative efforts, such as Representative Jayapal’s “Roadmap to Freedom” Resolution, would provide additional policy changes to enact immigration reform
What employment options will DACA recipients have if DACA is ever terminated?
- DACA recipients should educate themselves and explore alternatives to employment; for more information, check out Immigrants Rising or MSU Denver’s UndocuCareer Guide
- Individuals without DACA may still be able to work in the U.S. as independent contractors, form their own company, or transition their current employment to an independent contractor position
- Many national and local organizations (such as the Democracy at Work Institute or Radiate Consulting) exist to provide help with setting up your own business
- MSU Denver, much like other universities, requires work authorization for student or faculty/staff employment
What impact would a termination of DACA have on my scholarships or in-state tuition?
- If your scholarships are provided by private or non-profit institutions, the state of Colorado, or directly by MSU Denver – you will not lose access to those financial resources
- Many scholarships – such as www.thedream.us – have already or will update their requirements to include non-DACA individuals
- In-state tuition is provided through a state law, and you will remain eligible for in-state tuition
Should I travel internationally or study abroad if I have DACA or have no DACA status?
- Traveling internationally with DACA or while undocumented is not advisable unless a visa is in place; re-entering the country will be difficult or impossible
- Domestic air travel with DACA is possible but requires an up-to-date passport issued by country of origin
How will the REAL ID Act impact undocumented individuals?
- The REAL ID Act (enacted after 9/11 to make IDs more reliable) took effect in Jan 2020; such IDs will be “marked” for undocumented individuals and only applicants with lawful presence in the United States are permitted to receive REAL ID Act-compliant licenses
- Passing through airport security requires a REAL ID-compliant identification or – for example for undocumented individuals – other government-issued IDs, such as a foreign passport
- non-possession of REAL ID may be a trigger for further inquiry by TSA into lawful residency status; watch for updates on how the TSA handles individuals flying domestically without REAL ID-compliant documents
What should I do if I witness a raid?
- Before sharing raids on social media, it is a good idea to check with the Colorado Rapid
Response Network – they will send legal observers to verify if a raid is happening.
Call 1-844-864-8341 to check on/report any ICE Activity in our community
- Always verify a potential raid or roadblock by ICE through
Who should I contact if I or somebody I know is in detention?
- Rocky Mountain Immigrant Advocacy Network specializing in legal and other support for individuals held in detention due to immigration-related issues: http://www.rmian.org/ or call 303-433-2812 (Hotline for detainees: 303-866-9308)
Sources:
http://usa.inquirer.net/9301/undocumented-immigrants-face-real-id-act
http://thinkprogress.org/heres-what-to-do-if-ice-shows-up-at-your-door-c3257b6a64e9/
ASSET
The Advancing Students for a Stronger Economy Tomorrow (ASSET, 2013) bill was signed into law at MSU Denver in 2013. Under this bill, U.S. Citizens, Permanent Residents and students without lawful immigration status who meet MSU Denver’s admission requirements and the necessary qualifications outlined below are eligible for in-state tuition.
Students who qualify for ASSET get in-state tuition, and are eligible to apply for state financial aid, such as the Colorado Student Grant and Colorado Work-Study for those with employment authorization.
Qualifications:
• Have been physically present for the 12 months immediately prior to the start of the semester.
• Have attended a public or private high school in Colorado for at least a year immediately before graduating high school or obtaining a GED.
DACA
A federal executive order that allows certain undocumented immigrants who entered the U.S. before their 16th birthday and before June 2007 to a receive a renewable two-year permit and exemption from deportation. On Sept. 6th, 2017, the new federal administration has announced that it would not renew DACA renewal applications, but those who received DACA won’t lose their benefits until their current DACA status expires. Students with DACA status, or who are undocumented, can qualify for ASSET if they meet the criteria.
ASSET is not connected to DACA
In-state tuition will continue to be available for qualifying students even if their DACA status ends. Likewise, financial aid is available to DACA or undocumented students through MSU Denver, the state of Colorado (such as the Colorado College Responsibility Grant), or through private scholarships.
In-state tuition for DACA & undocumented students
Students with DACA status are eligible for in-state tuition after establishing domicile in Colorado for 12 months or more prior to the start of classes, but are not eligible for state financial aid unless they also meet the ASSET criteria (see below). DACA-status students who meet ASSET criteria are eligible for both in-state tuition and state financial aid.
Undocumented students without DACA need to fully meet the ASSET criteria (see below) to receive in-state tuition and to be eligible for state financial aid, and cannot use the “12 months in Colorado” rule to be eligible for in-state tuition.
The In-state Tuition for DACA, Undocumented, and Adjustment Applicant Students Guide provides a helpful checklist for DACA & undocumented students to receive in-state tuition at MSU Denver.