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

These FAQs are:

  • Intended to answer questions from students who are enrolled in, 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 students, faculty and staff in this uncertain climate.
  • Not intended to answer questions from international students, faculty, or 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, or 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 and the Dreaming Beyond Borders Center 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 July 16, 2021, a federal district court judge in Texas ruled that enactment of DACA violated the Administrative Procedures Act. The effect of this ruling is as follows:

  • Any new DACA application not approved by July 16, 2021 can be processed, but may not be approved
  • Current DACA recipients will maintain their current DACA status
  • The government will continue to process and may approve DACA renewal applications, regardless of when they were or are submitted

The full opinion is available here here. United States Citizenship and Immigration Services has provided FAQs regarding DACA here.

The Biden Administration has said it will appeal the ruling. The impacts outlined here may change depending on the outcome of any appeal.

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

If you never previously had DACA, applications for DACA are no longer being accepted by the United States Citizenship and Immigration Service.

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

What should I do if I currently have DACA?

If you currently have DACA, you may submit an application for renewal.

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

What should I do if I previously had DACA, but it has expired?

If you previously had DACA, but it has expired, you may be able to submit an application for renewal.

If you are in this situation, please consult with ASOSU Student 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?

The impact of the July 2021 decision from a federal court in Texas on Advanced Parole is not yet known.

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

What should I do if I have DACA and I want to travel outside of the country?

 

The impact of the July 2021 decision from a federal court in Texas on Advanced Parole is not yet known.

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

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 one's DACA status, 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.

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 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 and the Dreaming Beyond Borders Center 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 (Tuition EquityOSU Admissions Office. 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 Student Legal Services. If you have DACA, are undocumented, or have family members of mixed immigration status, 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 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. 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 and the Dreaming Beyond Borders Center is prepared to provide OSU students with guidance on university resources. Many other resources are available to you here: http://experience.oregonstate.edu/.

What is Oregon State University doing to respond to changes to 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.

OSU submitted a declaration of support in a lawsuit brought by the state of Oregon and 14 other states contesting DACA’s rescission. This declaration described 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 and students’ interests on immigration policy and civil rights. This includes our steadfast support of bipartisan legislation currently being proposed 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 if DACA ends. This task force will also examine actions that OSU can take in support of students, staff and faculty, advocating 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 Student 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 and the Dreaming Beyond Borders Center is prepared to provide OSU students with guidance on university resources.