Daca Recipients And Their Legal Practice In Texas

Deferred Action for Childhood Arrivals (DACA) is a Department of Homeland Security policy enacted in 2012 that defers the removal proceedings of certain eligible undocumented youths for up to two years, with the possibility of renewal. DACA recipients are not granted legal status but are given authorization to legally work in the United States. While DACA recipients are protected from deportation and can obtain a driver's license and social security card, they are not eligible for federal student aid. The policy has faced legal challenges, with a federal district court judge in Texas ruling against it in 2021, preventing new applicants from obtaining DACA status. However, existing recipients can renew their status and maintain their work authorization. The fate of the DACA program remains uncertain, with ongoing litigation and reviews by higher courts. This paragraph introduces the topic of DACA and its implications for recipients in Texas, including their legal status, rights, and the impact of court decisions.

DACA recipients can renew their status but not gain a legal status

Deferred Action for Childhood Arrivals (DACA) is a Department of Homeland Security policy enacted in 2012 under President Obama. It defers the removal proceedings of certain eligible undocumented young people brought to the United States as children for up to two years. DACA recipients can renew their status but do not gain legal status.

DACA does not provide a path to citizenship or lawful status. Instead, it offers temporary protection from deportation, which must be renewed every two years. DACA recipients are also eligible to request work authorization and can apply for advanced parole to travel outside the US. However, they run a significant risk of being unable to re-enter the US if they do not obtain an advance parole document before departure.

DACA recipients should be aware of the following:

• DACA renewals are granted from the date of approval, not the date of the prior grant's expiration. This means that individuals may lose weeks or months from their current DACA status depending on when the renewal is granted.
• DACA recipients may now apply for advanced parole, but due to uncertainty, it is recommended to consult an immigration attorney before travelling outside the US.
• Application processing times may slow down, and there may be more scrutiny for DACA recipients with arrests, deportation orders, or other serious immigration violations.
• DACA recipients are prohibited from shipping, transporting, or possessing firearms or ammunition.

To renew their status, DACA recipients must submit a new set of forms and pay a fee approximately five months before the expiration of their current status and work permit. USCIS strongly encourages DACA recipients to submit their renewal request between 120 and 150 days before the expiration date to reduce the risk of their current DACA and employment authorization expiring before a decision is received.

DACA recipients can apply for advance parole to travel outside the US

Deferred Action for Childhood Arrivals (DACA) is a Department of Homeland Security policy enacted in 2012 under President Obama. It defers the removal proceedings of certain eligible undocumented young people brought to the US as children for up to two years.

To apply for advance parole, DACA recipients will need to submit the following documents to US Citizenship and Immigration Services (USCIS):

• Form I-131, issued by USCIS
• Copy of a photo identity document, such as a driver's license or passport identity page
• Proof that they have been approved for DACA (Form I-797)
• Documents in support of their claimed basis for travel (with a full, certified English-language translation if they are in another language)
• Proof of family relationships if relevant to their request, e.g. birth certificates showing lineage for those claiming to need to travel to a grandparent's funeral

It is important to note that simply wanting to take a vacation or visit family is not enough to qualify for an Advance Parole travel document. DACA recipients will need to show that they have a reason for travelling, either for humanitarian, educational, or employment purposes.

Even with a grant of advance parole, DACA recipients should consult an immigration attorney to assess any risks before travelling outside the US.

DACA recipients are protected from employment discrimination

The legality of the Deferred Action for Childhood Arrivals (DACA) program remains uncertain as legal challenges to the program continue. Despite this, DACA recipients are protected from employment discrimination under federal anti-discrimination laws.

DACA recipients with current, unexpired EADs are authorized to work in the United States. This work authorization is granted through the DACA program and allows recipients to legally work in the U.S., including in states like Iowa and Texas.

Additionally, employers are not required or encouraged to ask their employees or job applicants about their immigration status or whether they have DACA. DACA recipients are not obligated to disclose this information to their employers.

If an employer decides to review an employee's Form I-9, it should be done in a non-discriminatory manner. This means reviewing all Forms I-9 or selecting a sample based on neutral criteria, rather than singling out specific employees based on protected characteristics.

DACA recipients facing employment discrimination can seek legal recourse. They can call the free worker hotline at the Immigrant and Employee Rights Section (IER) of the Department of Justice to resolve disputes with employers. If mediation through the IER is unsuccessful, individuals may file a formal complaint.

DACA recipients are ineligible for federal student aid

Deferred Action for Childhood Arrivals (DACA) is a Department of Homeland Security policy enacted in 2012 under President Obama. DACA defers the removal proceedings of certain eligible undocumented young people brought to the United States as children for up to two years. This status must be renewed every two years and grants recipients the ability to work legally in the US.

DACA recipients are not eligible for federal student aid. However, they may still be able to get financial aid for college through the Free Application for Federal Student Aid (FAFSA). By completing the FAFSA, DACA students may be able to receive non-federal aid from state programs, scholarships, and grants. Many state- and college-based programs, scholarships, and grants require the FAFSA to determine eligibility.

DACA students will need a Social Security Number (SSN) to complete the FAFSA, although their parents are not required to have one. If a parent does not have an SSN, they can use the number "00-00-0000" instead. Parents without an SSN cannot sign the FAFSA electronically and must mail it in.

DACA students are eligible for private scholarships and grants. For example, The Opportunity Scholarship from TheDream.US is available to DACA students who live in a state where they are ineligible for in-state tuition.

DACA recipients can obtain a driver's license

Deferred Action for Childhood Arrivals (DACA) is a Department of Homeland Security policy enacted in 2012 under President Obama. DACA defers the removal proceedings of certain eligible undocumented young people brought to the US as children for up to two years, and grants them authorization to work legally.

DACA recipients in Texas can obtain a driver's license, but it is a non-compliant "DACA Driver License", which is only valid for driving purposes and cannot be used as a form of identification for other purposes. To obtain this, DACA recipients must present valid documents proving their identity and Texas residency to the Texas Department of Public Safety (DPS). Acceptable documents include a valid passport, birth certificate, school record, marriage certificate, military records, or any other official document that verifies the individual’s identity and/or residency. From there, they must complete the necessary driver’s license application materials, pass the written and driving tests, and pay the applicable fees.

DACA recipients in Texas are also eligible to apply for a REAL ID license, but only if their DACA status is still valid. After May 7, 2025, the Transportation Security Administration (TSA) will no longer accept driver’s licenses that are not compliant with the REAL ID Act as proof of identification to board commercial aircraft. It is recommended that DACA recipients who plan to travel by air check their state’s requirements for getting a REAL ID license or ID card.

In addition to the ability to obtain a driver's license, DACA recipients in Texas are also granted other rights and privileges, such as the ability to purchase or rent property, and access to state-funded financial aid and scholarship programs for higher education.

Frequently asked questions