DACAmented & UnDACAmented
Since the repeal of DACA in 2017, I have advocated for a legislative solution that will need the uncertainty and give talented and motivated individuals a way to earn permanent residents, and eventually, U.S. citizenship, a decision that would honor the nation's highest ideals of fairness, compassion, and justice. President Peter Salovey, June 21, 2108
The young people who benefit from DACA have overcome significant challenges, demonstrating the talent, values and grit that foreshadow their contributions to the civic and economic life of our country….A decision to maintain DACA will allow Congress time to act on legislation to establish a legal pathway to citizenship for Dreamers. - President Peter Salovey, August 30, 2017
Yale’s commitment to its students is long-standing, and I am dedicated to maintaining and strengthening the supports and resources we have in place. We admit students without regard to immigration status, and our financial aid policies assure that no student will be denied an education because of immigration status. These policies will continue. - President Peter Salovey, November 18, 2016
SUPPORT FOR UNDOCUMENTED STUDENTS AT YALE
Yale University will provide resources to help students navigate this extremely difficult and uncertain time, including access to experts, lawyers and financial support to help any Yale student who faces legal action as a result of any changes in the DACA program. For more information contact firstname.lastname@example.org.
- Applying to Yale. Yale is proud of its strong commitment to equal opportunity and accessibility to all candidates from any part of the world who show great academic and personal promise. We extend our need-blind admissions policy and holistic application review to all students without regard to citizenship or immigration status. For more information on application requirements and policies for all applicants, consult the Admissions web site.
- Financial Aid. Yale University’s financial aid policies are the same for undocumented (with or without DACA) students, as they are for all admitted students. For all undergraduates with financial need, our aid awards meet 100% of a family’s demonstrated need without using loans. Consult the Financial Aid web site for details.
- Working on campus. Only students with DACA and a valid EAD will be able to work on campus. Students without DACA should contact their financial aid officer to review their aid award.
- Federal Taxes. The Yale International Tax Office will assist you in determining your U.S. tax resident status. If it is found, based on the amount of time you have been present in the U.S., that you are a resident for tax purposes, the 14% withholding for international students would not be required.
- Summer Internships. DACAmented students with a valid EAD card may apply for most internships and programs, except those few that require U.S. citizenship. Undocumented students without DACA and a valid EAD only qualify for summer fellowships that are not considered compensation for employment. Att his time internships outside the U.S. are not possible because DACA Advanced Parole is no longer available. Consult the CIPE web site for details.
- Studying Abroad as a DACA student. DACAmented students with Advanced Parole have been able to study abroad. However, effective September 5, 2017 USCIS will not longer approve applications for DACA advanced parole so study abroad is not advisable. Consult with OISS or legal counsel if you have questions.
- Career and Fellowship Resources. Yale students are encouraged to use the resources of the Office of Career Strategy (OCS), or the relevant professional school career office, to explore the internship and post-graduation possibilities. OCS staff is also available to talk with students about graduate school and professional school programs. For information about fellowships to support summer and post-graduation activities for Yale College students contact Rebekah Westphal at the Center for International and Professional Experience. Post-graduation Yale employment for undocumented and DACAmented students continues to be governed by the validity of the EAD card and available only to DACAmented students.
- Legal Assistance. OISS will coordinate support and legal assistance and will assist Yale undocumented students in making the connection needed to resolve immediate concerns as well as address longer term issues. These conversations will take place with strict regard for your privacy and at no point will your information be shared without your permission. For more information contact email@example.com.
Yale faculty and staff with questions about undocumented and DACAmented students, or DACA in general, are also invited to contact OISS. For information other immigration maters that may be a concern as a result of the recent presidential election, click here.
DACA IN THE FEDERAL AGENCIES AND THE COURTS
As DACA continues to evolve frequently and quickly, we link to two web sites that maintain reliable and current information: AILA (American Immigration Lawyers Association), and the National Immigration Law Center.
January 22, 2019: The U.S. Supreme Court took no action on a request from the Trump administration to review the Deferred Action for Childhood Arrivals (DACA) program, meaning the program remains in place for the time being. If the court accepts the case at a later date and follows its usual procedures, the case would not be argued before October 2019, with a decision likely issued in 2020, according to the Washington Post.
On January 9, 2018, the United States District Court for the Northern District of California issued an order that allows current DACA holders to renew their DACA status and on January 13, the USCIS posted initial guidance on submitting DACA renewal applications in light of the January court decision.
- No applications for Advanced Parole based on DACA will be accepted by USCIS
- No new applications for DACA status will be accepted by USCIS
- Applications for DACA renewal are being accepted by USCIS including for individuals whose DACA has already expired.
The USCIS guidance is still in effect, however according to the Council for Global Immigration “ in April, the United States District Court for the District of Columbia issued an opinion vacating the Trump administration's September 5, 2017 rescission of DACA, but gave the administration 90 days to issue a new memorandum providing “a fuller explanation for the determination that the program lacks statutory and constitutional authority.” Nielsen's new memorandum was submitted on June 22, 2018.
Yale students and staff interested in renewing their DACA status are strongly advised to consult with an immigration attorney before taking any action. Yale will continue to make legal consultations available which will be arranged through OISS.