The Deferred Action for Childhood Arrivals (DACA) program has been a significant topic of discussion in workplaces and educational institutions across the United States. For employers and educators, understanding the fundamentals of DACA is essential for fostering an inclusive environment and adhering to legal guidelines. This guide offers a clear overview of the program, its requirements, and what it means for DACA recipients in professional and academic settings.
What is Deferred Action for Childhood Arrivals?
Deferred Action for Childhood Arrivals is a federal policy that provides certain protections to eligible undocumented immigrants who entered the country as children. It is not a form of legal status or a pathway to citizenship. Instead, it grants a reprieve from deportation, known as deferred action.
Individuals who receive DACA are granted work authorization, allowing them to legally work in the United States. This authorization comes in the form of an Employment Authorization Document (EAD). The protection and work authorization are granted for a specific period and are subject to renewal.
Key Eligibility Requirements
To be considered for DACA, individuals must meet several strict criteria established by U.S. Citizenship and Immigration Services (USCIS). While the program’s status has been subject to legal challenges, the core requirements have generally included:
- Arriving in the United States before their 16th birthday.
- Continuously residing in the U.S. since a specific date.
- Applicants must be physically present in the United States on the date the program was announced and when they submit their request.
- They must also be enrolled in school, have graduated from high school, earned a GED, or served as an honorably discharged veteran of the U.S. Armed Forces.
- In addition, applicants must not have any felony convictions, significant misdemeanors, or multiple misdemeanor offenses.
These requirements ensure that the program supports a specific group of young individuals who grew up and received their education in the United States.
Information for Employers
For employers, the most critical aspect of DACA is the work authorization it provides. DACA recipients who possess a valid EAD are legally permitted to work in the country.
Hiring and Employment Verification
When hiring an employee with DACA, the process is the same as for any other authorized worker. During the Form I-9, Employment Eligibility Verification process, the employee can present their valid EAD as a List A document. This single document establishes both their identity and their authorization to work.
Employers are not permitted to ask about an individual’s citizenship status or national origin. It is also discriminatory to treat an employee differently because they are a DACA recipient. As long as they provide valid documentation, they should be treated like any other employee. The EAD has an expiration date, and it is the employee’s responsibility to apply to renew DACA protections and work authorization before this date.
Guidance for Educators
Educational institutions play a vital role in the lives of DACA recipients. Understanding the program helps educators provide appropriate support and guidance.
Supporting Students
DACA recipients are students who have spent much of their lives in the American school system. Educators can support these students by creating a safe and welcoming learning environment. It is important to protect student privacy and be aware of the resources available to them. Educators should keep a conversation going with supportive guidance.
Many states have specific policies regarding in-state tuition and financial aid for DACA students. School counselors and administrators should be familiar with these state-level provisions to properly advise students on their higher education options. Connecting students with legal aid organizations or immigrant support centers can also provide them with valuable assistance outside the classroom.
Maintaining an Inclusive Environment
Both employers and educators are responsible for fostering an environment free from discrimination and harassment. Understanding the facts about DACA helps dispel misinformation and promotes a culture of respect and inclusion. By staying informed about the program, you can better support the talented individuals who contribute to our workplaces and classrooms.