Oregon State University’s support for its students with DACA, undocumented students and students from mixed-immigration status families is unwavering.

These FAQs are:

  • Intended to answer questions from students who have enrolled or may be eligible for the Deferred Action for Childhood Arrivals (DACA) program, from students who may be undocumented, and students from mixed-immigration status families.
  • Intended for any OSU community member who wants to know more about this subject and what OSU is doing to support its students, faculty and staff in this uncertain climate.
  • Not intended to answer questions from international students, faculty, and staff with respect to federal immigration policy changes limiting travel and entry into the United States.

Before you read these FAQs, there are a few things you should know:

  • These FAQs are informational and do not constitute legal advice. Each individual’s situation is different, and the best course of action for each individual may vary depending on that person’s particular situation.  Be aware that as federal developments related to DACA and undocumented students occur, the information related to DACA and undocumented students provided below may change.
  • If you are an OSU student with DACA, an undocumented student, a student from mixed-immigration status family, contact Janet Nishihara, director of the Educational Opportunities Program (EOP), at janet.nishihara@oregonstate.edu or by calling (541) 737-3628. EOP is prepared to provide OSU students with guidance on university resources. Other community members with questions may contact the Office of Institutional Diversity at diversity@oregonstate.edu, or by calling 541-737-1063.
  • If you are an OSU student and have questions about your immigration status, please contact ASOSU Legal Services, which provides free legal services to all OSU students.
  • Resources listed in these FAQs are also provided for informational purposes only. Linking to a website or document does not indicate endorsement of the content, or the organization hosting the content.
What is DACA and how do I know if I have it?

DACA – Deferred Action for Childhood Arrivals – is the result of an Executive Order signed by President Obama in June 2012 that allows certain undocumented immigrants in the United States who entered the country as minors to receive a renewable two-year period of deferred action from removal and eligibility for a work permit.

Individuals must apply to receive DACA status.

What is the current status of DACA?

On September 5, 2017, the U.S. Department of Justice announced that DACA will end. This will impact approximately 800,000 young people who entered the United States before the age of 16 and were provided temporary protection from removal and authorization to work as a result of DACA. While Congress may act to pass legislation protecting DACA recipients, we now know that DACA in its current form will likely end.

The Department of Homeland Security has issued a memo outlining the plan for rescinding DACA.

If I do not have DACA, but think I may qualify, can I still apply?

Additional DACA applications are no longer being accepted by the United States Citizenship and Immigration Service.

If you are in this situation, please consult with ASOSU Legal Services or an immigration attorney as soon as possible.

What should I do if I have a DACA application pending?

If you have a new DACA application that was received at USCIS on or before September 5, 2017, your application will continue to be processed.

If you are in this situation, please consult with ASOSU Legal Services or an immigration attorney as soon as possible.

What should I do if I have DACA, but it expires on or before March 5, 2018?

If you have DACA and a work permit that expires on or before March 5, 2018, you can apply for a two-year renewal of DACA, but your renewal application must be received on or before October 5, 2017.

If you are in this situation, please consult with ASOSU Legal Services or an immigration attorney as soon as possible.

What should I do if have DACA, but it expires after March 5, 2018?

If you have DACA and a work permit that expires after March 5, 2018, you may not apply for an extension and our DACA and work authorization will expire on the date shown on your DACA approval notice and work permit.

If you are in this situation, please consult with ASOSU Legal Services or an immigration attorney as soon as possible.

What should I do if I have DACA and a valid Advanced Parole Travel Document?

If you have DACA and have a currently valid advance parole document, you may still use the document to travel and return to the U.S. as long as you return before the document expires. However, even with a valid travel document, you are not guaranteed readmission.

If you are in this situation, please consult with ASOSU Legal Services or an immigration attorney as soon as possible.

What should I do if I have DACA and an Advanced Parole Travel Document application pending?

USCIS will no longer process or approve applications for advance parole for DACA recipients. If you have an application for DACA-based advance parole pending as of September 5, 2017, USCIS will close the application and return the filing fees to you.

When my DACA expires, will my information be provided to immigration authorities?

In general, DHS should not proactively provide information to Immigration and Customs Enforcement about individuals whose DACA status expires or whose pending request for renewal is denied, unless that individual meets certain criteria regarding national security or public safety.  These criteria are set out in the DHS “Notice to Appear” policy.

However, given the lack of information about how the federal government will respond following the expiration of DACA, we recommend that students with DACA consult with an immigration attorney as soon as possible, and utilize the planning tools provided in the OSU Undocumented Student Toolkit.

Do other current Executive Orders affect undocumented students?

Executive Orders signed on January 25, 2017 appear to make a priority for deportation individuals who have been convicted of a crime or charged with a crime but not yet convicted. This provision of the Executive Order applies to both DACA recipients and undocumented students.

If you are in this situation, please consult with ASOSU Legal Services or an immigration attorney as soon as possible.

Will I still be able to work with my current, unexpired DACA Employment Authorization Document (EAD)?

You will be able to work with your current, unexpired DACA EAD until it expires.

If DACA is repealed or allowed to lapse, can I work with social security number I got through DACA?

No, while your social security number is permanently yours, the work authorization is specifically tied to your DACA EAD.

What will happen to my job?

Whether you are employed by OSU or another employer with EAD work authorization, once your DACA EAD expires, you will most likely be unable to keep your job. OSU is actively consulting with university stakeholders to determine if alternatives are available related to employment. We also encourage all students with DACA to contact Janet Nishihara, director of the Educational Opportunities Program (EOP), at janet.nishihara@oregonstate.edu or by calling (541) 737-3628. EOP is prepared to provide OSU students with guidance on university resources. OSU is committed to your educational success and well-being.

What will happen to my tuition at OSU?

Students with DACA and undocumented students are ineligible for federal financial aid. However, Oregon tuition equity under HB 2787 will remain. You can learn more about HB 2787 here: http://admissions.oregonstate.edu/tuition-equity. To determine whether you meet the qualifications for HB 2787, please consult with the OSU Office of Financial Aid: http://financialaid.oregonstate.edu/. We also encourage all students with DACA and undocumented students with questions about tuition to contact Janet Nishihara, director of the Educational Opportunities Program (EOP), at janet.nishihara@oregonstate.edu or by calling (541) 737-3628.

At this point, how can I prepare myself for changes in immigration policy that affect me or my family?

First, seek the advice of an immigration attorney. Each individual case is different, and advice may vary depending on your particular situation so you should always seek out your own legal advice.

  • If you are an OSU student, legal resources are available to you at no cost through ASOSU Legal Services. If you have DACA, please make an appointment with ASOSU Legal Services as soon as possible.
  • Other resources for you or your family members may be obtained through a variety of providers.

Second, it’s important to know your immigration rights. We suggest consulting the OSU Undocumented Student Toolkit for information about knowing and asserting your rights.

Third, have a plan. You can develop a family preparedness plan, and a plan for your family by using resources available on the OSU Undocumented Student Toolkit.

Fourth, in times of uncertainty and anxiety, it’s essential to use the resources available to you to stay healthy and well so you can continue pursuing your education and research at OSU. We encourage all Students with DACA and undocumented students to contact Janet Nishihara, director of the Educational Opportunities Program (EOP), at janet.nishihara@oregonstate.edu or by calling (541) 737-3628. EOP is prepared to provide OSU students with guidance on university resources. Many other resources are available to you here: http://experience.oregonstate.edu/.

Will there be an engagement and education session on this topic?

Yes, OSU held a session on advising students on DACA and Undocumented Student Status on February 22, 2017. A recording of that session is available on the OSU Undocumented Student Toolkit.

Additional engagement sessions may be held during fall term 2017.

What is Oregon State University’s doing to respond to DACA’s rescission?

In addition to creating guidance and offering individual support, the university will continue to issue public statements on our policies making clear our commitment to the safety of our students and their ability to pursue their education at OSU.

OSU will submit a declaration of support in a lawsuit brought by the state of Oregon and 14 other states contesting DACA’s rescission. This declaration will describe the negative impacts that ending DACA will have on OSU, its students, staff and faculty.

The university will also continue to work with state and federal representatives, both individually and in conjunction with national educational associations, to advocate for OSU’s interests on immigration policy and civil rights. This includes our steadfast support of a bipartisan legislation currently being proposed that bill that makes the DACA program a federal law.

Finally, OSU has created a task force to ensure that resources are coordinated and made available to students who will be negatively affected by the end of DACA. This task force will also examine actions the OSU can take with students, staff and faculty to advocate for legislation permanently protecting DACA recipients.

Who should I contact if I have additional questions?

If you have questions or concerns about your own immigration status, please consult an immigration attorney. If you are an OSU student, legal resources are available to you at no cost through ASOSU Legal Services.

We encourage all Students with DACA and undocumented students to contact Janet Nishihara, director of the Educational Opportunities Program (EOP), at janet.nishihara@oregonstate.edu or by calling (541) 737-3628. EOP is prepared to provide OSU students with guidance on university resources.