Deferred Action for Childhood Arrivals (DACA) is an American immigration policy that allows certain undocumented immigrants who came to the United States as children to receive a renewable two-year period of deferred action from deportation and become eligible for a work permit in the US. The Obama administration announced the policy on June 15, 2012.
To be eligible for DACA, applicants must meet the following criteria:
- They must have been brought to the United States before age 16.
- They must have been continuously present in the United States since June 15, 2007.
- They must be enrolled in school, have graduated from high school, or have obtained a GED.
- They must have a clean criminal record.
The future of DACA is uncertain. The Trump administration attempted to rescind the program in 2017, but the Supreme Court blocked the rescission in 2020. The Biden administration has taken steps to protect DACA recipients, but it is still being determined whether the program will be made permanent.
The current state of DACA
As of the writing of this article, USCIS is not accepting new DACA applications. However, USCIS is accepting renewal applications from current DACA recipients. Renewal applications must be filed within 150 days of the expiration of a current DACA grant. If you are a DACA recipient and your DACA grant is about to expire, you should file a renewal application as soon as possible or consult with a reputable immigration attorney for your next best steps.
Despite the uncertainty, current DACA recipients are granted certain benefits to allow them to live, work, and gain education in the United States.
Work authorization for DACA recipients
DACA recipients are eligible for work authorization. Under the Deferred Action for Childhood Arrivals (DACA) program, certain undocumented immigrants who came to the United States as children and met other requirements are granted two-year periods of deferred action from deportation and become eligible for work permits.
To apply for work authorization through DACA, you must:
- Be eligible for DACA
- File a Form I-821D, Application for Deferred Action for Childhood Arrivals
- Pay the $495 application fee
- Submit supporting documentation, such as your passport or birth certificate, proof of continuous presence in the United States, and proof of education or employment
You will be issued an Employment Authorization Document (EAD) if your application is approved. The EAD is a renewable document that allows you to work legally in the United States for two years.
In-state tuition for DACA recipients
DACA recipients may be eligible for in-state tuition in some states. The eligibility requirements vary from state to state, but most states require DACA recipients to have graduated from a high school or equivalent program and lived in the state for a certain number of years.
Here are some states that offer in-state tuition to DACA recipients:
- California
- Colorado
- Connecticut
- Delaware
- Illinois
- Iowa
- Maryland
- Massachusetts
- Minnesota
- New Jersey
- New Mexico
- New York
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- Texas
- Virginia
- Washington
It is important to note that the eligibility requirements for in-state tuition for DACA recipients may change anytime. Therefore, it is always best to check with the admissions office at the college or university you are interested in attending to determine the current eligibility requirements. In addition, it’s recommended to contact the financial aid office at each school to find out about financial aid options available to DACA recipients.
Several organizations can help DACA recipients with the college admissions process. These organizations can provide information about financial aid, scholarships, and other resources. Some of these organizations include:
Federal student loans eligibility for DACA recipients
DACA recipients are not eligible for federal student loans. However, they may qualify for state or college financial aid and private scholarships. To be eligible for a federal student loan, you must be a US citizen or national or permanent resident granted asylum or refugee status.
Here are some options for DACA recipients who need financial aid for college:
- State and college financial aid: Many states and colleges offer financial assistance to undocumented students, including DACA recipients. This aid can come through grants, scholarships, or work-study programs.
- Private scholarships: Several private scholarships are available to undocumented students, including DACA recipients. You can find information about these scholarships online or through your school’s financial aid office.
- Work-study: Work-study programs allow students to earn money to help pay for college. DACA recipients may be eligible for work-study programs through their school or federal programs such as the Federal Work-Study Program.
Health insurance and DACA
A study by the National Immigration Law Center finds that approximately one-quarter of DACA recipients still lack health insurance coverage. One of the primary reasons for the lack of health coverage is the prevailing misconception that Dreamers are not eligible for such benefits.
In several states, DACA recipients are eligible for benefits, including preventive care, prescription medications, and mental health services. In addition, DACA recipients are eligible for health insurance through various programs.
- Health Insurance Marketplace: DACA recipients can purchase health insurance through the Health Insurance Marketplace, also known as the Affordable Care Act (ACA) Marketplace. The Marketplace offers a variety of plans, including plans with subsidies for low-income individuals.
- Medicaid: DACA recipients may be eligible for Medicaid, a government-funded health insurance program for low-income individuals. Medicaid eligibility varies by state, so you should contact your state’s Medicaid office to find out if you are eligible.
- Children’s Health Insurance Program (CHIP): DACA recipients who are children or pregnant women may be eligible for CHIP, a government-funded health insurance program for low-income children and pregnant women. CHIP eligibility varies by state, so you should contact your state’s CHIP office to find out if you are eligible.
- Employer-sponsored health insurance: Some employers offer health insurance to their employees, including undocumented employees. If you are a DACA recipient and employed, you should ask your employer if they provide health insurance.
- Private health insurance: DACA recipients can purchase private health insurance through various companies. Private health insurance can be expensive, but there are a number of companies that offer plans specifically for undocumented immigrants.
It is important to note that the eligibility requirements for health insurance for DACA recipients may change at any time. Therefore, it is always best to check with the appropriate government agency or insurance company to determine the current eligibility requirements.
Applying for a driver’s license as a DACA recipient
DACA recipients can get a driver’s license in most states. The eligibility requirements vary from state to state, but most states require DACA recipients to:
- Be a DACA recipient
- Provide proof of identity and residency
- Pass a written and driving test
Some states also require DACA recipients to provide proof of lawful presence in the United States, such as a Social Security number. It is important to note that the eligibility requirements for driver’s licenses for DACA recipients may change at any time. It is always best to check with your state’s Department of Motor Vehicles (DMV) to determine the current eligibility requirements.
Here are some states that allow DACA recipients to get a driver’s license:
- California
- Colorado
- Connecticut
- Delaware
- Illinois
- Iowa
- Maryland
- Massachusetts
- Minnesota
- New Jersey
- New Mexico
- New York
- Oregon
- Pennsylvania
- Rhode Island
- Texas
- Virginia
- Washington
If you are a DACA recipient and are interested in getting a driver’s license, you should start by researching the requirements in your state. You can find information about driver’s licenses for undocumented immigrants online or through your local DMV.
Here are some tips for getting a driver’s license as a DACA recipient:
- Gather all of the required documentation. This may include your DACA documentation, proof of identity, proof of residency, and proof of lawful presence (if required).
- Practice driving. Make sure you are comfortable with all aspects of driving, including parallel parking, turning, and driving on the highway.
- Take the written and driving tests. Be prepared to answer questions about traffic laws and demonstrate your ability to drive safely.
Public benefits and DACA recipients
Public benefits are government programs that provide financial and other assistance to people who meet certain criteria. Public benefits can include cash assistance, food assistance, housing assistance, medical assistance, and job training. In general, here are some of the public benefits available to Dreamers.
- Tax credits: DACA recipients may be eligible for tax credits, such as the Earned Income Tax Credit (EITC) and the Child Tax Credit.
- Housing assistance: DACA recipients may be eligible for housing assistance, such as Section 8 vouchers.
- Job training: DACA recipients may be eligible for job training programs, such as those offered by the Department of Labor.
- Emergency Medicaid
- The Special Supplemental Nutrition Program for Women, Infants, and Children (WIC)
- Certain immunizations
- The Pell Grant
- The Federal Work-Study Program
- The Perkins Loan Program
DACA recipients are not eligible for:
- Social Security Disability Insurance (SSDI)
- Supplemental Security Income (SSI)
- Temporary Assistance for Needy Families (TANF)
- Food stamps (SNAP)
- Medicaid
- Medicare
The eligibility for public benefits for DACA recipients varies depending on the state and the specific benefit. It is important to check with the state or local agency that administers the benefit to determine if DACA recipients are eligible.
Oklahoma benefits for DACA recipients
If you are a DACA recipient in Oklahoma, you may be eligible for several important benefits, including:
- In-state tuition: DACA recipients are eligible for in-state tuition at public colleges and universities in Oklahoma.
- Work authorization: DACA recipients with work authorization can work legally in Oklahoma.
- Driver’s licenses: DACA recipients can obtain driver’s licenses in Oklahoma.
As with many benefits, the offerings can change at any time. It is always best to check with the appropriate state agencies to determine what benefits are currently available.
Here are some resources for DACA recipients in Oklahoma:
- Oklahoma Department of Human Services: The Oklahoma Department of Human Services provides various services to DACA recipients, including in-state tuition assistance, driver’s licenses, and health insurance.
- Oklahoma Immigrant Resource Center: The Oklahoma Immigrant Resource Center is a non-profit organization that provides legal and social services to immigrants in Oklahoma.
- Dream Defenders: Dream Defenders is a national organization that advocates for the rights of undocumented immigrants.
At Stump and Associates, we have experience assisting in various DACA-related cases in Oklahoma. If you have questions, we’re happy to help.
What’s next for DACA?
In April 2023, President Biden announced a plan to expand health coverage to DACA recipients. He has stated that he is “committed to working with Congress to pass legislation providing a pathway to citizenship for DACA recipients.” Congress has failed multiple times to pass proposals called the DREAM Act to protect DACA recipients.
According to VOANews, US District Judge Andrew Hanen heard arguments earlier this month in Texas v. United States, a case brought by nine Republican-led states aimed at halting the Deferred Action for Childhood Arrivals program. His ruling could likely take months. If Hanen rules that DACA is illegal, as he did in 2021, the case is expected to return to the three-judge panel of the New Orleans-based 5th US Circuit Court of Appeals. Immigration advocates said that a hearing in the 5th Circuit was not likely until 2024.
Whatever the appeals court decision is, it will likely be appealed to the US Supreme Court, where the justices could take the case for the 2023-24 session. However, a decision from the Supreme Court likely would not come until spring 2025, experts say.
There are currently about 700,000 DACA recipients in the United States. They are diverse people who have significantly contributed to their communities. They are students, workers, and taxpayers. They are also parents, children, and siblings. For now, they can renew their status, which protects them from deportation. The DACA program allows recipients to work legally. It’s helped many go to college and grad school, buy homes, and to start businesses. All could be in jeopardy if DACA is terminated.
Looking for Immigration Help?
Stump & Associates is Oklahoma City’s most respected immigration law firm. With more than 30 years of experience, we know how to handle cases just like yours.
Comments are closed