DACA and Undocumented Students
After you are hired by an employer, but within the first three days of working, your employer should ask you to complete an I-9 form and to present documents that prove you are able to work legally in the U.S. As a Deferred Action for Childhood Arrivals (DACA) recipient, you are provided with an Employment Authorization card. You can present your Employment Authorization Document (EAD) at that time and your employer might make a copy. You do not need to tell your employer that you received an EAD through the DACA program, and the employer should not ask.
The Civil Rights Division of the U.S. Department of Justice “Deferred Action for Childhood Arrivals (DACA) Recipients: Learn About Your Right to Work!” document addresses frequently asked questions.
Be aware of your employment rights. Employers cannot ask DACA recipients for more or different work authorization documents than those already permitted by the I-9 form.
Employers are not allowed to ask questions about a person’s citizenship or national origin. However, questions regarding your work authorization are appropriate and legal. For example, “Are you legally authorized to work in the United States?”
If you believe you are being discriminated against in the workplace, contact the Justice Department’s Office of Special Counsel (OSC) for Immigration-Related Unfair Employment Practices. OSC can answer your questions and provide support at 1-800-255-7688 or via the Justice Department website.
Due to changing legislation and policies, we recommend that you review the U.S. Citizenship and Immigration Services (USCIS) website and direct any legal questions to your legal counsel. Administrative Relief Resource Center supplies a list of area resources and Immi offers free immigration information from nonprofit legal experts.
The information presented on this webpage is not legal advice and is intended to serve as a resource.
Ohio State Contact
Questions regarding Deferred Action for Childhood Arrivals (DACA) for Ohio State students should be directed to:
Todd M. Suddeth, PhD
Multicultural Center Office of Student Life
Ohio Union, Suite 1000 | 1739 N. High St. | Columbus, OH 43210