For millions of young immigrants brought to the United States as children, DACA (Deferred Action for Childhood Arrivals) has been a lifeline—offering protection from deportation and the ability to work legally in the U.S. Despite ongoing legal challenges, DACA remains a vital program for many, providing a pathway to stability, employment, and integration into American society.
If you’re a DACA recipient or considering applying, understanding your rights—especially regarding working legally—is crucial. Employment is often a key motivation for many in the program, as it allows individuals to support themselves, contribute to their communities, and pursue their dreams.
In this blog, we’ll explore what DACA is, how it provides protection and work authorization, and what steps you can take to ensure you’re working legally in the U.S. under this program.
What Is DACA?
DACA (Deferred Action for Childhood Arrivals) is an administrative relief introduced in 2012 by the Obama administration. It allows certain undocumented individuals who came to the U.S. as children to request deferred action from deportation and obtain work permits, also known as Employment Authorization Documents (EADs).
Key features of DACA:
- Deferred Action: Temporarily defers removal proceedings.
- Work Authorization: Grants legal permission to work in the U.S.
- Renewable: DACA status and work permits can be renewed every two years.
- Eligibility: Typically, applicants must have arrived in the U.S. before age 16, been under 31 as of June 15, 2012, and meet specific criteria regarding education, military service, or detention.
Important Note: While DACA does not provide lawful status or a path to permanent residency, it offers vital protection and the ability to work legally.
DACA and Working Legally in the U.S.
Why is work authorization important?
Without proper authorization, working in the U.S. can lead to severe legal consequences, including deportation, bans on re-entry, and future immigration challenges. DACA and the work permit it provides are crucial for many young immigrants seeking to build their lives legally.
How DACA Enables Working Legally
Employment Authorization Document (EAD):
DACA recipients are eligible to apply for an EAD, a legal document that proves their right to work in the U.S. This card is issued by USCIS and serves as proof of legal work authorization.
Benefits of working legally under DACA:
- Employment in legit jobs: Employers are more willing to hire individuals with valid work permits.
- Legal protection: Working with an EAD means you’re protected under U.S. labor laws.
- Pathway to future opportunities: Having legal work status can help in applying for other visas, adjusting status, or pursuing citizenship.
Note: Working without a valid EAD or outside the scope of your work authorization can lead to serious legal consequences, including loss of DACA protection.
How to Maintain Your DACA and Work Legally
1. Keep Your DACA Current and Renew on Time
DACA and its work permit are valid for two-year periods. It’s crucial to:
- Renew before expiration: Mark your calendar and start the renewal process at least 120 days before your current DACA expires.
- File correctly: Submit Form I-821D (Renewal of DACA) along with Form I-765 (Application for Employment Authorization) and supporting documents.
- Follow USCIS guidelines: Ensure your application is complete to avoid delays or denial.
2. Follow Employment Rules and Restrictions
While DACA allows you to work legally, there are rules:
- Work for authorized employers: You can work for any employer in the U.S. as long as your EAD is valid.
- Update your employer info: If you change jobs or employers, notify USCIS if required, especially if your EAD is linked to specific employment.
- Avoid unauthorized employment: Working outside your approved scope or without a valid EAD can jeopardize your DACA status.
3. Stay Informed About Policy Changes
Legal policies surrounding DACA are subject to change due to court rulings, legislative efforts, or administrative actions. Stay updated through reputable news sources, community organizations, or legal counsel.
What to Do If Your DACA Is Denied or Revoked
DACA’s legal status has been the subject of ongoing court battles and policy shifts. While it has provided vital protections and work authorization for hundreds of thousands of young immigrants, its future remains uncertain. Additionally, individual applications can be denied or revoked for various reasons, which can significantly impact your ability to work legally and remain in the U.S.
If you find yourself in either of these situations, it’s essential to act promptly and strategically. Here’s what you should consider doing:
1. Consult an Immigration Attorney Immediately
Why is this crucial?
DACA-related cases can be complex, nuanced, and highly sensitive to legal changes. An experienced immigration attorney can help you:
- Understand the reason for denial or revocation:
Whether it’s due to procedural issues, criminal history, or policy changes, knowing the specific cause is vital. - Assess your eligibility for other relief:
There may be alternative pathways to legal status, such as Temporary Protected Status (TPS), family-based visas, or other forms of relief. - Develop a strategic plan:
Whether it’s reapplying, appealing, or exploring other options, an attorney can guide you through the process. - Avoid making mistakes:
Actions taken without legal guidance can sometimes harm your case or status further.
Tip:
Always seek legal counsel from attorneys specializing in immigration law or nonprofit legal clinics experienced with DACA issues.
2. Explore Alternative Relief Options
While DACA provides work authorization and deportation relief, it’s not the only avenue for legal protection. Depending on your circumstances, there may be other options to maintain or obtain lawful status in the U.S.:
a. Temporary Protected Status (TPS)
If your home country is designated for TPS due to conditions like war, natural disasters, or other extraordinary circumstances, you may qualify for this relief, which allows you to stay and work legally in the U.S. temporarily.
b. Family-Based Immigration
If you have close relatives who are U.S. citizens or lawful permanent residents, they may be able to sponsor you for a green card. This process can take time but provides a pathway to permanent residence.
c. Employment-Based Visas
Depending on your skills and job offers, you might qualify for work visas such as H-1B, L-1, or O-1. These require employer sponsorship but can lead to lawful permanent residence.
d. Legalization or Adjustment of Status
In some cases, individuals may be eligible to adjust their status through specific laws or policies, especially if they qualify under certain provisions like the recently proposed or implemented legislative measures.
e. Other Immigration Relief
In rare cases, individuals might qualify for asylum, U visa (for victims of crimes), or special protections based on individual circumstances.
3. Reapply or Appeal
If your DACA was denied due to procedural issues or if policy changes permit, you might consider reapplying.
- Reapplication:
Ensure you address any deficiencies in your previous application. Gather all necessary documents, and consider legal assistance to strengthen your case. - Appeal or Motion to Reopen:
In some situations, you can file a motion to reopen or reconsider a denial, especially if new evidence or legal arguments can be presented.
Important:
The success of reapplications or appeals depends heavily on the reason for denial and current legal standing. An attorney can help determine your best course of action.
4. Prepare for Possible Removal Proceedings
If your DACA is revoked, or if you face immigration enforcement, you might be at risk of removal (deportation). If this occurs:
- Seek legal representation immediately:
An attorney can help you understand your rights and defend your case. - Request relief:
Depending on your situation, you may be eligible for cancellation of removal, asylum, or other forms of relief. - Stay informed:
Regularly check the legal landscape and stay in touch with community organizations that provide legal aid.
5. Stay Proactive and Connected
- Join community groups:
Many organizations offer legal clinics, advocacy, and support for individuals facing DACA issues. - Stay updated on legal developments:
The status of DACA and related policies can change rapidly. Follow trusted news sources, advocacy groups, and legal updates. - Maintain good record-keeping:
Keep copies of all applications, correspondence with USCIS, and legal documents. This can be vital if you need to contest a denial or revocation.
