Undocumented at Harvard? What?
DACA EXPLAINED:
Approximately 60 undergraduates and 30 graduate students at Harvard are undocumented, the majority of them with DACA status. Although not every undocumented student has DACA, the following information provides context on what DACA is exactly to further understand what Harvard and Act on a Dream has done and needs to do to better serve this sub-community within Harvard.These frequently asked questions were answered by the Harvard Immigration and Refugee Clinic (HIRC).
The HARVARD IMMIGRATION & REFUGEE CLINIC of HARVARD LAW SCHOOL is located at 6 Everett Street • Wasserstein Hall 3106 • Cambridge, Massachusetts 02138
What is DACA?
Deferred Action for Childhood Arrivals or DACA is a program established by former President Obama in June 2012. Under DACA, DHS deferred taking action to remove qualifying undocumented immigrants, commonly known as DREAMers, and also granted renewable term- limited work authorization.
DACA afforded undocumented students (for the first time) the following privileges:
- ability to obtain a driver’s license
- protection from deportation
- ability to apply for a social security card (thus allowing students to work)
- and through Advanced Parole, the ability to study abroad.
At its inception, DACA was subject to renewal every two years. However, on September 5, 2017, the Department of Homeland Security issued a memorandum detailing the rescission and eventual phase-out of the DACA program.
The federal district court for the Northern District of California issued a nationwide injunction on January 9, 2018, ordering USCIS to resume accepting applications to renew DACA and to prescribe a process for doing so. USCIS has resumed accepting DACA renewal applications andstated that DACA will be operated on the terms in place before it was rescinded on September 5, 2017. USCIS is not, however, accepting applications from individuals who have never had DACA, nor approving advance parole requests from DACA recipients. If you are considering renewing your DACA, please contact HIRC for a free legal consultation before doing so.
To make an appointment, please call the HIRC paralegal, Nilce Maldonado, at 617-495-6648 or email her at nmaldonado@law.harvard.edu.
Who qualifies for DACA?
DHS is no longer accepting new applications for DACA. If you do not already have DACA, you cannot apply now for the first time. Prior to its rescission, an individual qualified for DACA if he or she was able to show that he or she:
(1) had come to the United States before he or she turned 16;
(2) had lived continuously in the United States since June 15, 2007, up to the present time;
(3) was under the age of 31 as of June 15, 2012;
(4) had been physically present in the United States on June 15, 2012, having no lawful immigration status at the time he or she requested consideration of deferred action with USCIS;
(5) was in school, had graduated or obtained a certificate of completion from high school, had obtained a general education development (GED) certificate, or was an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
(6) had not have been convicted of a felony, significant misdemeanor, or three or more other misdemeanors and must not pose a threat to national security or public safety.
DACA does not provide lawful immigrant status or a path to citizenship, but it does provide authorization to work and the government’s assurance that the person could remain in the United States, without being placed in removal proceedings.
More information about the previous administration’s DACA program can be found at:https://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-daca.
Who can apply for DACA renewal?
Only those who have previously received DACA and meet the following requirements can apply for renewal:
Have not departed the U.S. on or after August 15, 2012, without first having been granted advance parole.
Have resided continuously in the U.S. from the time the initial request for DACA was submitted up until the present time.
Have not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and must not otherwise pose a threat to national security or public safety.
PLEASE NOTE: When DACA was rescinded, USCIS imposed the limitation that only people whose DACA expiration dates fell between September 5, 2017, and March 5, 2018, would be allowed to submit renewal applications. That rule does not apply to the process announced on January 13.
What will happen after my DACA expires?
DHS has stated that the information submitted in DACA applications “will not be proactively provided to Immigration and Customs Enforcement (“ICE”) and Customs and Border Protection (“CBP”) for the purpose of immigration enforcement proceedings,” except under certain circumstances. It is recommended that you make an appointment with HIRC well in advance of your DACA expiration in order to assess whether you might be eligible for any other forms of immigration relief.
If DACA expires or is revoked, a DACA recipient cannot be deported without an opportunity to present his or her case in court, unless the DACA recipient has a prior removal order. ICE could decide to enforce prior removal orders for DACA recipients without initiating new removal proceedings. If you were in removal proceedings prior to having DACA, ICE could also seek to recommence your prior removal proceedings. DACA recipients who were previously in removal proceedings or who have prior removal orders should contact HIRC as soon as possible for a free legal consultation.
Are undocumented students eligible for term-time employment?
[Not answered by HIRC, but EDI FAQ]Undocumented students approved for DACA and who have received their EAD are eligible for a Social Security Number (SSN) from the Social Security Office (SSA). According to the Social Security Administration students need only present some form of ID, such as a Foreign Passport or Birth Certificate, and their EAD in order to verify their identity and legal presence to work.
►►For those not approved for DACA, there are multiple opportunities to generate term time income. These opportunities pay students through stipends, grants, scholarships and cash awards. They include:
- The Harvard Crimson: offers a scholarship program for students who receive financial aid. Students may apply for The Crimson’s financial aid program after successfully completing a semester-long comp process. The program requires that the student remain an active editor for The Crimson by working 10+ hours per week.
- Harvard College Research Program: HCRP provides funding for students engaged in research during the academic term. More information about the HCRP can be found at the Student Employment Office website.
- Tutoring: Students can find private tutoring opportunities through the Student Employment Office website, or through their house/extracurricular mailing lists.
- Center for Public Interest Careers: CPIC selects 15 students each spring to serve as student representatives to the Yard and Houses. These students are paid a stipend of $300 per semester for working a total of 30 hours organizing study breaks and holding office hours for students interested in fellowships and jobs in public service.
- Odd Jobs: People in the Harvard community are always looking for a reliable baby-sitters, an extra hand with house chores, etc. Requests for these positions are usually sent out via house lists or through House administrators.
- Melon Mays Undergraduate Fellowship: The Mellon Mays Undergraduate Fellowship Program (MMUF) selects ten students in their sophomore year to join a tightly-knit research community during junior and senior years to conduct independent research in close collaboration with a faculty mentor and attend monthly seminar meetings with twenty other fellows. Fellows are paid a monthly stipend of $300 each month for two years and qualify for up to $4000 of funding for summer research projects.
Are undocumented students eligible for summer employment opportunities?
[Not answered by HIRC, but EDI FAQ]Those students not approved for DACA or who are still awaiting their EAD can nonetheless pursue fellowship programs such as the following:
- Program for Research in Science and Engineering: PRISE is a summer-time fellowship program that provides room and partial board, as well as a stipend, for students participating in research projects in Cambridge/Boston during the summer.
- Harvard College Research Program: HCRP provides funding for students engaged in research during the summer. More information about the HCRP can be found at the Student Employment Office website.
- Crimson Summer Academy: The CSA allows a small group of undergraduate students to mentor high school students participating in the academy. During the summer, the undergraduate mentors receive free room and board, as well as the opportunity to take a summer school class.
- Summer School Proctor: The Harvard Summer School Program as well as the Student Activities Office hires proctors to staff the houses and freshman dormitories during the summer. Proctors are offered free room and board, as well as the opportunity to take a 4-unit summer school class.
- The Center for Public Interest Careers: CPIC offers several summer internship programs, which place interns in non-profit and public interest organizations. Some of the programs include the CPIC Internship Program, the Harvard Clubs Summer Community Service Fellowship Program, and the CPIC-Heckscher Fund for Service Internship Program. Students can visit the Center for Public Interest Careers for more information.[AM5]
- Institute of Politics: The IOP has established several programs to support students who are pursuing political and public service internships during the summer. Some of the programs include the IOP Director’s Internship Program, the IOP Summer Stipends Program, and the IOP Sumer Thesis Research Awards. For more information please visit the Institute of Politics internships and career page.
How do the recent executive actions impact me?
The following three immigration-related executive orders (EOs) have altered enforcement priorities in the United States:
1. Executive Order: Enhancing Public Safety in the Interior of the United States
The EO substantially broadens the categories of undocumented persons prioritized for detention and removal, potentially making every undocumented individual a priority for removal. It authorizes the hiring of 10,000 additional Immigration and Customs Enforcement (ICE) officers to enforce the law and allows law enforcement to pursue the removal of all undocumented immigrants under the 287(g) program, which empowers (but does not require) state and local law enforcement to enforce immigration laws. It ends the Priority Enforcement Program (PEP), which prioritized removal of undocumented immigrants who had committed an offense listed in the DHS civil immigration enforcement priorities. Additionally, the order seeks to punish “sanctuary jurisdictions” that do not comply with federal law. The provision related to sanctuary jurisdictions is the subject of ongoing litigation in California and Illinois, Massachusetts, among other places. On November 20, 2017, the federal district court for the Northern District of California issued a nationwide permanent injunction on the EO’s provision (section 9(a)) regarding withholding federal funding from sanctuary jurisdictions.
2. Executive Order: Border Security and Immigration Enforcement Improvements
This EO calls for building a border wall between the United States and Mexico; calls for the detention of all persons unlawfully attempting to enter the United States and all persons in removal proceedings; directs DHS to immediately construct detention facilities at or near the southern border; limits the use of parole; calls for the expanded use of “expedited removal” to include potentially anyone in the United States who cannot prove she or he has lived here for at least two years based on forthcoming regulations; prioritizes criminal prosecution of unlawful entry into the United States; and calls for removal of individuals to “the territory from which they came” pending their removal proceeding.
3. Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats
On September 24, 2017, President Trump signed a Presidential Proclamation replacing the March 6, 2017 Executive Order (set to expire on September 24) that had revoked the first travel ban. This third version of the ban has no stated end date, and includes the following provisions:
Indefinite bans on travel/visa applications for certain individuals from eight listed countries—Chad, Iran, Libya, North Korea, Somalia, Syria, Yemen, and Venezuela, if they are outside of the U.S. on the effective dates of the order without a valid visa;
Does not suspend entry from:
Chad, Libya, Somalia & Yemen: as nonimmigrants, but Somali nationals seeking to enter as nonimmigrants will be subject to additional scrutiny.
Iran: under F, M, and J visas, although this group may be subject to enhanced screening.
Venezuela: of any individuals who are not officials of government agencies involved in screening and vetting procedures, or their immediate family members.
For individuals within this affected groups, only entry as visitors on business or as tourists is suspended.
It does not revoke valid visas or impact lawful permanent residents (LPRs) or dual nationals so long as they have a travel document that is not from one of the eight listed countries; and it provides for heightened scrutiny of Iraqi nationals, although Iraq was removed from the list of banned countries identified in the first version of the Ban.
I never applied for DACA, but I am eligible. Should I apply now?
If you never applied for DACA, you are no longer eligible to apply, but there may be other forms of immigration relief available to you. Please contact the Harvard Immigration and Refugee Clinical Program for a free legal consultation as soon as possible to see if you are eligible for any other potential remedy.
I currently have DACA. Will I still be able to work with my DACA employment authorization card?
You are eligible to continue to work with your DACA work permit until the permit expires.
For information relating to the effect of DACA expiring on your employment authorization, drivers’ licenses, health insurance, taxes, financial aid, among other topics, you may wish to consult the following guidance: https://www.nilc.org/issues/daca/daca-termination-faq/ andhttps://www.nilc.org/issues/daca/about-daca-and-employment/.
What rights do I have even if I don’t have documentation?
Regardless of your immigration or citizenship status, you have certain constitutional rights. Your rights include:
The right to remain silent.
The right to refuse to consent to a search of yourself, your car, or your home without a judicial warrant.
If you are not under arrest, you have the right to leave. You should do so without incident to avoid potentially violating other laws that can be cause for arrest.
The right to a lawyer if you are arrested. Ask for one immediately.
For more information: https://www.aclu.org/know-your-rights/what-do-if-youre-stopped-police-immigration- agents-or-fbi
I have DACA/TPS and am or was planning to go abroad with advance parole. What should I do?
If you are a DACA/TPS recipient, we strongly urge you not to leave the country. DACA, TPS for certain countries, and advance parole are discretionary programs that may be withdrawn by the administration, and you may not be able to gain re-entry. As part of the administration’s decision to phase out DACA, it determined that it would no longer grant advance parole (i.e., a written assurance that the recipient may leave the country and reenter) to DACA participants.
