BY: | DATE: Jun 18, 2020

The decision was handed down on June 18, 2020.

Most experts believe that you will keep your DACA until your DACA authorization expires, even if the Court rules in favor of the Trump administration.  Then, unless the President or Congress acts to extend DACA, you will lose your DACA status when your employment authorization card expires.  Until then, you remain authorized to work and have some protection from deportation.

The federal government has stated its current policy is that information provided in DACA requests is “protected from disclosure” to immigration enforcement agencies unless the individual meets the criteria for the issuance of a Notice To Appear or a referral to immigration enforcement authorities under the criteria set forth in the federal government’s Notice to Appear guidance (www.uscis.gov/NTA). Generally, such criteria address cases that involve public safety threats, criminal matters, and/or allegations of fraud.

Unlikely.  We do not expect ICE to arrest most people who lose DACA status.  Most at risk are those with outstanding deportation orders or criminal records.

ICE agents cannot enter restricted areas of CUNY campuses unless they have a warrant signed by a judge.  That is extremely rare.  Usually ICE agents have only administrative warrants.  They cannot enter a restricted area of a CUNY campus with an administrative warrant.

Yes.  However, there is no guarantee that U.S. Citizenship and Immigration Services will make a decision on your request before the Court decides.  We have heard of cases where USCIS processed an application and issued a DACA decision within a few days of receiving the request.  You may file no matter how long you have with DACA.

No.  USCIS is not granting travel permission, called “advance parole,” to DACA recipients

For most people with DACA, the path to legal status is very limited. This is why it is important to consult with an attorney. Contact CUNY Citizenship Now!, CUNY’s free immigration law service program by calling 646-664-9400 or texting 929-334-3784.  Please identify yourself as a CUNY student, faculty or staff.  If you qualify to renew or reinstate DACA, CN! will help you complete your application and advise you of the availability of filing fee assistance.

Yes. The City University of New York is dedicated to providing a high quality, accessible education to all New Yorkers, regardless of residency status or citizenship.

Even if DACA is terminated, most students will continue to pay in-state tuition. New York State provides in-state tuition to its non-citizen New York high school graduates without regard to immigration status.

The José Peralta New York State DREAM Act allows most undocumented and other students who are NYS high school graduates to qualify for New York State‐administered financial aid and scholarships, including the Excelsior Scholarship, the Tuition Assistance Program (TAP) and other state‐administered scholarships.

Your employment authorization card (work permit) is valid until expiration, unless it is individually terminated or revoked.

Non-citizens regardless of immigration category or work authorization are protected by labor standards laws such as those that provide for minimum wages and prevent unpaid wages and workman’s compensation.

At the point you lose your DACA status, you will no longer be authorized to work as an “employee” in the United States.

Regardless of the possible termination of DACA, if you are working as an independent contractor rather than as an employee, you may continue working. DACA beneficiaries may continue to use their SSNs to work as an independent contractor or start a business; both options do not require work authorization. Regardless of the possible termination of DACA, DACA beneficiaries may continue to use their SSN to work as an independent contractor or start a business; both options do not require work authorization.

No. Even if DACA is terminated you will keep your professional license. Persons who lose DACA, if otherwise qualified cannot be precluded from obtaining a NYS professional license. This is important if you decide to become an independent contractors.

No. Under New York State law, individuals with DACA status and those with rescinded DACA status, may be eligible for state-funded Medicaid. If your DACA status has been rescinded, contact NY State of Health at 1-855-355-5777, TTY: 1-800-662-1220.

Contact CUNY Citizenship Now!, CUNY’s free immigration law service program by calling 646-664-9400 or texting 929-334-3784.  Please identify yourself as a CUNY student, faculty or staff.  If you qualify to renew or reinstate DACA, CN! will help you complete your application and advise you of the availability of filing fee assistance.