DACA at WSU
A federal court in California issued an order on January 8 requiring the Trump Administration to restart the DACA program. In response, the Administration announced that it will accept renewal applications from anyone who currently has DACA status or had DACA status that has expired (for example, if yours expired, or was terminated, you may apply to renew!). It will not accept DACA applications from individuals who have never had DACA status in the past.
There are no restrictions on who can renew their DACA. For example, if your DACA expires in 2019 and you want to apply to renew now in order to extend your status into 2020, you can.
RENEW NOW! The current policy to allow for DACA renewals could change soon. The Trump Administration may ask a court to stop the order or announce a new change in policy.
The following FAQs are meant to explain what the announcement entails and how it may affect various aspects of your life as a student and colleague. However, the information in this FAQ is not legal advice. Every person’s situation is different. We will periodically update this page to keep the information current; however, this is a developing situation and we cannot guarantee that all information is up-to-date. It is important to check the Department of Homeland Security website and trusted immigration law websites for new information.
What is DACA?
Deferred Action for Childhood Arrivals (DACA) has been a program established by President Obama in 2012 that granted a form of temporary protection from deportation known as “deferred action” to undocumented immigrants who came to the U.S. before the age of 16, resided in the U.S. since June 2007 and met other requirements.
Is my DACA still valid?
Your DACA is valid until its expiration date. DACA and work permits (Employment Authorization Documents) will remain valid until its expiration date. To determine when your DACA and work permit expires, look at your I-795 Approval Notice and the bottom of your Employment Authorization Document (EAD).
Can I reapply for DACA?
A federal court in California issued an order on January 8 requiring the Trump Administration to restart the DACA program. In response, the Administration announced that it will accept renewal applications from anyone who currently has DACA status or had DACA status that has expired (for example, if yours expired, or was terminated, you may apply to renew!). It will not accept DACA applications from individuals who have never had DACA status in the past. More information is available at www.nilc.org/dacarenewalprocess/. See the sub-section below for more details on how to apply to renew.
If I am traveling abroad, should I return to the U.S.?
We recommend that all DACA recipients currently traveling abroad under advance parole return immediately to the U.S.
Is Advance Parole to travel abroad still available?
The Department of Homeland Security (DHS) will no longer grant DACA recipients permission to travel abroad through Advance Parole. Any pending applications for advance parole will not be processed and DHS will refund any associated fees.
How do I renew?
Renew now! The current policy to allow for DACA renewals could change soon. The Trump Administration may ask a court to stop the order or announce a new change in policy.
For individuals who (1) currently have DACA, or (2) whose DACA expired after September 5, 2017, you must:
- Fill out a renewal application, form I-821D, in black ink, or typed: https://www.uscis.gov/i-821d;
- Fill out forms I-765 and I-765WS, in black ink, or typed (which can also be found at https://www.uscis.gov/i-821d);
- Get your passport-style photos taken. The application requires two passport-style photos, attached to the application. You can get these photos taken at Rite-Aid, Walmart, and other stores with photo services;
- Make a copy of each side of your Employment Authorization Document, even if it’s expired. You will need to submit this with your application;
- Get a check or money order for the filing fee of $495, and the check or money order must be made out to the “U.S. Department of Homeland Security” – CONTACT email@example.com to request money for the filing fee.
- If you have any new criminal records since your last DACA application or renewal, including traffic tickets, call the University of Idaho Immigration Clinic: Kate Evans (612-850-5340) or Courtney LaFranchi (541-214-9273);
- Once your application, documentation, and passport photos are put together and ready to go, make a copy of the entire filing for your records;
- If you want, you can come to drop in hours to have an attorney or supervised immigration law student review your application prior to filing:
- WSU Drop-in Hours:
Tuesday 1 – 3 p.m. Daggy 106 and 107
Wednesday 2 – 4 p.m. Daggy 106 and 107
- UI Drop-In Clinic begins 1/22/18 from 4 – 6 p.m.– please call Kate Evans (612-850-5340) or Courtney LaFranchi (541-214-9273) to set up a review appointment before 1/22 if you like.
- WSU Drop-in Hours:
- Mail the filing to:
- Dallas Lockbox if you are in Idaho:
O. Box 660045
Dallas, TX 75266-0045
- Chicago Lockbox if you are in Washington:
O. Box 5757
Chicago, IL 60680-5757
- If you reside in a third state, please call the Immigration Clinic or check the filing address here: https://www.uscis.gov/i-821d-addresses;
- Dallas Lockbox if you are in Idaho:
- For more detailed information and FAQs on DACA renewals, please see https://www.nilc.org/issues/daca/dacarenewalprocess/.
For a printable checklist of required documents, please see https://www.ilrc.org/sites/default/files/resources/daca_renewal_checklist.pdf.
If your DACA expired before September 5, 2017, you may apply for DACA status again but will have to submit an initial application. This means that you will have to adhere to all the same requirements that were in place in your initial application, including:
- Required forms:
- I-821D (typed or in black ink)
- I-765 Application for Work Authorization
- 2 Passport style photos
- $465 check or money order made out to Department of Homeland Security
- Proof of identity
- Proof that you came to the United States before your 16th birthday
- If you once had immigration status, proof that that status has expired
- Proof that you continuously resided in the U.S. since June 15, 2007 and that you were present in the U.S. on June 15, 2012
- Proof of student status, high school diploma, GED certificate or military service
- Criminal records (please call the Immigration Law Clinic if you have criminal records)
For more information on initial applications and examples of the types of evidence that are accepted, please see https://www.nwirp.org/wp-content/uploads/2016/03/DACA-Checklist-English-2016-version.pdf.
Access to Higher Education
I am a DACA Student at Washington State University. Am I still able to go to school?
Yes, WSU has long been committed to undocumented students long before there was a DACA program.
How does Washington State University support undocumented students?
WSU has created different levels of support for our faculty, staff and administrators to be a resource for undocumented students. Below are some important resources to access.
• Access, Equity, and Achievement
• Counseling and Psychological Services
• Health and Wellness
• Dean of Students
• Office of Multicultural Student Services
• Gender Identity/Expression and Sexual Orientation Resource Center (GIESORC)
• Women’s Resource Center
• The Office of Equal Opportunity (OEO) provides information and resources regarding discrimination and protected speech.
Does WSU Advocate to support undocumented students?
As an undocumented student-friendly institution, WSU has and will continue to provide a strong support system, from the financial aspect to the academic piece and of course emotionally and psychologically. The state of Washington and a group of other states have filed a lawsuit in support of DACA, and both WSU and the UW filed declarations in support of the lawsuit. In addition, the Washington Council of Presidents has issued a strong statement supporting DACA students and urging Congress to pass legislation protecting them. The statement can be found at this link: http://www.councilofpresidents.org/Joint%20DACA%20Statement.pdf
I feel so alone and scared. What should I do?
We recognize that these are very challenging times, but you are not alone. We are here to help and will continue to do everything in our power to support our students. WSU reaffirms our commitment to serving ALL our students, no matter their immigration status, race, national origin, faith, sexuality, ability, or gender and we stand with our undocumented students, faculty, staff, and families. Find a support system on campus, connect and prepare to ensure that you and other students can continue your education. Join the Crimson Groups for student support! For more information check out the WSU Crimson Groups Facebook page.
Does not having DACA change my in-state tuition rate?
It depends, House Bill (HB) 1079 (now RCW 28B.15.012(2)(e)), is a state statute and is not impacted by DACA status. The “1079” standard applies to undocumented students who have graduated from high school after having lived in Washington for three calendar years. The state of Washington has been a long supporter of undocumented students. In the state of Washington, HB1079 existed before DACA. For more information visit http://www.wsac.wa.gov/student-residency. In general, DACA individuals who have established state residency will continue to be eligible.
I have family members wanting to attend college. Can they still apply to attend?
Many states, such as Washington, allow students, regardless of immigration status, to enroll in public colleges and universities. At least 20 states and the District of Columbia have “tuition equity” laws or policies, allowing students who attended high school for a certain number of years in the state and who meet other criteria to qualify for in-state tuition rates, regardless of their immigration status. College admission team remain able to provide resources and guidance for undocumented students applying to college.
Is my information going to be shared?
As a current student your information is protected under the Family Educational Rights and Privacy Act (FERPA), a federal law designed to protect the privacy of student education records and the right of students to inspect and review their education records, visit www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html for more information. FERPA does not provide absolute protection in all cases (for example, if the university was served with a subpoena for student information). However, WSU is committed to protecting the information of DACA students to the fullest extent allowed by law.
Can former DACA grantees qualify for financial aid or scholarships?
DACA individuals are not eligible for federal financial aid. However, those who have established state residency and remain continuously enrolled at the same institution should continue to be eligible for state higher education benefits. Those who do not have (and are no longer able to apply for) DACA will be restricted to the “1079” eligibility outlined below.
As you know, undocumented students establish residency in one of two ways – referred to as “1079” and “DACA.” Students in either classification may be eligible for in-state tuition rates and State Need Grant. Students with DACA residency may be eligible for other forms of financial aid including the College Bound Scholarship.
- In general, the “1079” standard applies to undocumented students who have graduated from high school after having lived in Washington for three years.
- Unexpired DACA permits individuals to establish a domicile in Washington. In general, students need to live in Washington for a year for other than educational purposes.
- Some undocumented students qualify for both “1079” and DACA, in these cases, there should be no impact to state financial aid eligibility.
Continued Eligibility for DACA Students
In general, DACA individuals who have established state residency and remain continuously enrolled at the same institution should continue to be eligible. In other words, all guidance you have received is still applicable to individuals with DACA.
As a reminder, previous and current guidance includes:
- Residency classification remains unchanged unless contrary evidence is presented/discovered.
What does this decision mean for my ability to work?
Your current eligibility remains in place until it expires. Your employer should not ask to verify your work permit again until your current expiration date. https://www.dhs.gov//news/2017/09/05/frequently-asked-questions-rescission-deferred-action-childhood-arrivals-daca
Can I be terminated from my student position?
If you no longer have a valid work permit, your employer will most likely terminate your employment when your current work authorization expires, since you will no longer have legal authorization to work. More information about earning to attend school is still forthcoming. For more information about DACA and employment click here.
What happens to my driver's license when my DACA is terminated or my work permit expires?
Driver’s license rules, including eligibility and document requirements, and procedures for renewing a license, vary from state to state. Twelve states, including Washington issue driver’s licenses to eligible residents, regardless of their immigration status. Check out the Department of Licensing for the specific requirements in Washington.
Do I still have health insurance?
If you have health coverage through your employer, you should remain covered as long as you are employed. Many states provide coverage for the treatment of certain diseases, or to certain populations, regardless of an individual’s immigration status. California, Illinois, Massachusetts, New York, Oregon and Washington provide full-scope health coverage to all residents under age 19, regardless of immigration status, if they meet the income eligibility requirements for the state Medicaid and/or CHIP program.
What will happen to my social security number?
You keep your social security number (but not work authorization) and your Washington driver’s license, but you will not be able to use it to fly in 2018.
How will the Pullman Police respond?
See immigrant law enforcement issued by Chief of Police in Pullman. The City of Pullman Police Department posted a statement on Facebook on September 8, 2017.
How should I prepare?
As you continue to plan your financial future, we recommend that you enlist help from others.
- Begin a savings plan immediately. Enroll someone in your bank account who can deposit, withdraw or potentially close your bank account
- Add someone to your lease who can terminate it if need be and collect deposits
- Add someone to your car lease who can continue payments, terminate purchase or sell the vehicle for you
- Know your rights. Visit www.weareheretostay.org for resources to help you and your loved ones take care of yourselves in this difficult time.
Did I do anything wrong?
Absolutely not! As a DACA student, you did everything this country has asked of you. Although a long journey is ahead of us, you are not alone in this fight. Leaders across our higher education system issued a joint statement expressing concern over this action, and a commitment to continue to support DREAMers in our colleges and universities.
Additional Helpful Resources
21 Progress for DACA Loans - http://21progress.org/event/dreamer-circles/
Washington Apple Education Foundation - www.waef.org
Washington Student Achievement Council - www.washboard.org
Latino Educational Achievement Project - www.leapwa.org/
Seattle Foundation - http://www.seattlefoundation.org/Pages/Default.aspx
The College Board - http://professionals.collegeboard.com/guidance/financial-aid/undocumented-students
Coalition for Higher Education Immigrant Students - http://dreamact.info/node/61413
1079 Coalition - http://www.youtube.com/watch?v=1htaw6aYdnA&feature=plcp
Beyond HB 1079 - http://www.beyondHB 1079.org
Casa Latina - http://www.casa-latina.org/
Chinese Information and Service Center - http://www.cisc-seattle.org/
Community Support Network - https://sites.google.com/site/washington1079/
College Access Now - http://www.collegeaccessnow.org
College Spark - http://www.collegespark.org/
La Causa - http://causaoregon.org/
Latino Advocacy - http://www.latinoadvocacy.org/
Asian Pacific American Legal Center - www.apalrc.org
Justice for Immigrants - www.justiceforimmigrants.org
American Bar Association - http://www.americanbar.org/groups/public_services/immigration.html
American Civil Liberties - https://www.aclu.org/
American Immigration Council - http://www.americanimmigrationcouncil.org/
American Immigration Council - Legal Action Center - http://www.legalactioncenter.org/
American Immigration Lawyers Association - http://www.aila.org/
Asian Law Caucus - http://www.asianlawcaucus.org
National Immigration Law Center -https://www.nilc.org/
Northwest Immigrant Rights Project - https://www.nwirp.org/
Washington Law Help - http://www.washingtonlawhelp.org/WA/index.cfm
One America - http://www.weareoneamerica.org
Refugee Women’s Alliance - http://www.rewa.org/
Seattle Office of Immigrant and Refugee Affairs - https://www.seattle.gov/immigrant-and-refugee-commission
Seattle Educational Access - http://www.seattleeducationaccess.org
Skagit Immigrant Rights Coalition - http://www.skagitirc.org/
Washington Dream Act Coalition - https://www.facebook.com/WADREAMers/
Washington State Resources
Latina/o Educational Achievement Program - http://www.leapwa.org
Washington Apple Education Foundation - http://www.waef.org
theWashBoard.org - www.thewashboard.org
Washington Dream Act Coalition - https://www.facebook.com/WADREAMers/
Washington State University Office of Financial Aid and Scholarships - https://financialaid.wsu.edu/
College Board - www.collegeboard.org
Dream Activist - https://www.facebook.com/dreamactivist.org
Dream Resource Center at UCLA - http://www.dreamresourcecenter.org/
Educators for Fair Consideration (EF4C) - http://www.e4fc.org
National Immigration Law Center - www.nilc.org
National Pursuit of Dreams - https://www.facebook.com/NPDreams/
The National Immigration Youth Alliance (NIYA) - http://theniya.org/
United We Dream - http://unitedwedream.org/
Here To Stay- http://weareheretostay.org/