Recent changes in federal immigration policy have created uncertainty and anxiety for many OSU community members, in particular members of our community who are immigrants to the United States. OSU is fully committed to diversity of all kinds, and we stand united for inclusivity and the safety of all people. At this time, we must reaffirm our compassion and commitment to one another as a community regardless of immigration status, background or identity and declare our enduring commitment to free and open inquiry, which are fundamental to our democracy.
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, and from students who may be undocumented.
These FAQs are not intended to answer questions from international students, faculty, and staff with respect to recent federal immigration policy changes limiting travel and entry into the United States.
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 and have questions about your own situation, please contact ASOSU Legal Services here: http://asosu.oregonstate.edu/book/student-legal-services.
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.
More information about DACA is available here: https://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-daca
Do the current Executive Orders affect students with DACA status?
At present, DACA remains in effect.
However, we are aware that a draft Executive Order repealing DACA was recently released to the press. This draft Executive Order has not yet been signed, but the University is closely monitoring the situation for any developments.
Do the current Executive Orders affect undocumented students?
The 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 an immigration attorney as soon as possible.
If DACA is repealed, what do I need to know?
There is a draft Executive Order that repeals DACA but it is unknown whether DACA will be repealed. The University is monitoring the situation. There are two potential methods to end DACA. The first is a DACA repeal, which would end the program immediately or on a designated date, returning all DACA recipients to their previous undocumented status. The second is to allow DACA to lapse, which would let the current DACA program lapse by stopping consideration of current and new DACA applications and letting current DACA recipients’ status expire without the possibility of renewal.
At this point, should I apply for DACA?
Given the current situation, we recommend that you carefully consider whether to submit an initial DACA application and seek the advice of an immigration attorney prior to submitting an initial DACA application, even if you think you may be eligible. The DACA application requests your contact information, immigration history and other information, which is then submitted to the Department of Homeland Security. It is not known if this information would later be used in a negative way against you. The current administration has not clarified whether information already gathered for DACA recipients will be protected or be used to pursue removal actions if DACA is repealed or allowed to lapse.
If you have questions about your own situation with respect to DACA eligibility and whether to apply, please consult with an immigration attorney as soon as possible.
At this point, should I renew my DACA?
If you already have DACA, you should carefully consider whether to file a DACA renewal application at present for the reasons stated above. If you currently have DACA and need to renew your status, please consult with an immigration attorney as soon as possible.
If you have questions about your own situation with respect to DACA renewal, please consult with an immigration attorney as soon as possible.
If DACA is repealed or allowed to lapse, will I still be able to work with my current, unexpired DACA Employment Authorization Document (EAD)?
If DACA is repealed, you will likely not be able to work with your EAD card, even if it is unexpired. If DACA is allowed to lapse, you may only be able to work until your EAD card 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 EAD card.
If DACA is repealed or allowed to lapse, what will happen to my job?
If DACA is repealed and you are employed with EAD work authorization, you will most likely be unable to keep your job. OSU will consult with university stakeholders to determine if alternatives are available related to employment. If DACA is allowed to lapse and you are employed with EAD work authorization, you may be able to keep your job until your EAD card expires.
If DACA is repealed or allowed to lapse, what will happen to my tuition at OSU?
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/.
If I received Advanced Parole to travel out of the United States, should I go on my trip?
We strongly recommend that you carefully consider not leaving the country, even if you have been granted Advanced Parole. If DACA is repealed while you are out of the country, you may not be able to return, with or without Advanced Parole. Prior to any international travel, please consult with an immigration attorney.
At this point, how can I prepare myself if there are additional 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.
Second, it’s important to know your immigration rights. You can consult with resources available through organizations like the American Civil Liberties Union, available here: https://www.aclu.org/know-your-rights/what-do-if-questioned-about-your-immigration-status
Third, have a plan. You can develop your plan, and a plan for your family by using resources available through organizations like the Immigrant Legal Resource Center, available here: https://www.ilrc.org/family-preparedness-plan.
Will there be an engagement and education session on this topic?
Yes, OSU will be planning and holding a variety of education and engagement sessions regarding immigration and other issues related to the recent Executive Orders. Look for announcements to come.
What is Oregon State University’s response to possible federal policy changes regarding DACA?
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. 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 will include our steadfast support of the BRIDGE Act – Bar Removal of Individuals Who Dream of Growing Our Economy Act – a bipartisan Congressional bill that makes the DACA program a federal law.
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. Please also know that many resources are available to you, including ASOSU Legal Services, Counseling and Psychological Services (CAPS), Diversity and Cultural Engagement (DCE), Associated Students of Oregon State University (ASOSU) and many others available here: http://experience.oregonstate.edu/. 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.