OREGON STATE UNIVERSITY
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Oregon State University’s support for students with DACA, undocumented students and students from mixed-immigration status families is unwavering.
These FAQs are:
Before you read these FAQs, there are a few things you should know:
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 would end. This would 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.
At present, three U.S. district court orders allowing DACA to remain in place and recipients to submit renewal applications remain in effect. However, initial DACA applications and DACA advance parole requests are no longer being accepted.
On June 28, 2019, the United States Supreme Court announced that it would grant the Administration’s request to review lower court cases challenging the rescission of DACA during its upcoming term. The status of DACA could change depending on the outcome of the Supreme Court’s review of these cases.
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 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 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 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 outside of 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 I want to travel outside of the country?
USCIS will no longer process or approve applications for advance parole for DACA recipients.
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 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.
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 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 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 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.