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Fact Sheet Regarding Rescission of DACA - September 5, 2017

The Trump Administration announced on September 5, 2017, that the Deferred Action for Childhood Arrivals (DACA) program has been rescinded and no new applications will be approved.

Limited renewals of DACA status will be allowed as detailed below. However, unless the protections afforded by DACA are restored in a timely way by Congress, many members of our California State University community will be significantly and negatively impacted by this decision.

The Chancellor has written separately about his deep disappointment in the President’s decision.

Click here for the complete Memorandum on Rescission of DACA from the Department of Homeland Security (DHS).

The following fact sheet is designed to help you understand what the DACA repeal means and how it affects you.

DACA APPLICATIONS AND RENEWALS

DACA initial requests and associated applications for Employment Authorization Documents that have been accepted by DHS before September 5, 2017, will be processed on a case-by-case basis. New DACA applications filed on or after this date will be rejected.

If your DACA status or associated Employee Authorization Documents expire prior to March 5, 2018, and you wish to renew them for another two-year term, you must submit a renewal application to DHS by October 5, 2017. Renewal applications will be processed and evaluated on a case-by-case basis. If your application is renewed, it will remain in place until it expires.

If your DACA status or Employee Authorization Document expires on or after March 6, 2018, you will not be allowed to renew your application; however, your DACA status and Employee Authorization Document will remain valid until their expiration date.

EMPLOYMENT

If you are an existing DACA recipient, you may continue to be employed and may continue to use the Employee Authorization Documents (EAD) issued to you until your EAD expires.

If your EAD expires prior to March 5, 2018, you may renew it, but you must submit a renewal application to DHS by October 5, 2017. If you are employed at the CSU, the HR department on your campus will contact every employee with an EAD on file to advise them of the expiration date. You must have a current EAD on file to continue your employment.

If your EAD expires and you are not able to renew it, the CSU will be unable to continue to employ you.

ENROLLMENT, TUITION AND FINANCIAL AID

CSU enrollment and tuition policies are not based on DACA status and will not be impacted if DACA is repealed. Likewise, state funding available under the California Dream Act is not based on DACA status and will not change. For more information about financial aid programs, click here.

However, you should check with the financial aid office at your campus if you believe you are receiving private funding based on your status as a DACA recipient to see if it may be impacted.

TRAVEL

Previously a DACA recipient who sought to temporarily leave and re-enter the United States for humanitarian, educational, or employment purposes was required to apply for advance parole. This is no longer the case and no new applications for advance parole will be approved following DHS’s September 5, 2017, DACA repeal.

If you are out of the country on advance parole, DHS advises that you should be allowed to return so long as you strictly comply with the validity period on the previously approved application.

Be further advised, however, that the September 5, 2017 DHS action on DACA states that U.S. Customs and Immigration retain the authority “it has always had and exercised in determining the admissibility of any person presenting at the border and the eligibility of such persons for parole.”

If you require assistance, you should consult with legal counsel. A list of nonprofit organizations that provide free legal services to immigrants residing in California can be found here.

SUPPORT

Support services are available on every CSU campus and are ready to assist students in need. For available campus support services, click here. For available student mental health services on each campus, click here.

Additionally, employees on each campus have access to an employee assistance program (EAP) that provides free, confidential counseling and referral services. Information about campus EAP programs can be found here.

If you are in need of legal support services, many nonprofit organizations in your area provide legal services free of charge to immigrants residing in California. A comprehensive list of these legal providers can be found here.

For referrals to other qualified immigration attorneys who may charge a fee for their services, visit Other Resources and scroll down to “Lawyer Referral Services.”

NEXT STEPS

The California State University has joined many other institutions throughout the United States to urge Congress to pursue legislation to restore the protections afforded by DACA.

We encourage you to do the same. You may reach out to the offices of Senator Kamala Harris and Senator Dianne Feinstein and to members of Congress.

September 5, 2017