DEFERRED ACTION IN DEPTH: PART 3 – Education

This is Part Three in a series of articles on deferred action.

(Part One covered timing considerations for deferred action renewals. Part Two discussed travel outside the United States.)

Misconceptions about Educational Requirements May Stop DACA Eligible People from Applying:

Deferred Action for Childhood Arrivals (DACA) is the executive action announced by President Obama on June 15, 2012. The original DACA program remains in effect, although an expansion of the program that was meant to take effect in February 2015 is now on hold in the courts. Another expansion, for parents of U.S. citizens and permanent residents, is also on hold in the courts. Let’s call the original DACA program “DACA 1.” DACA 1 is alive and well, although a surprising number of people who are believed to be eligible to apply for this benefit have not yet enrolled. There are probably several reasons why many DACA-eligible young people have not yet applied. Some folks might not know about it. Especially in rural areas, the news may not have gotten around. Some people might be afraid what will happen to DACA registrants after the 2016 elections. And another concern we hear frequently is from people who would be DACA eligible but have never gone to school in the United States.

We have good news. Yes, DACA requires education. But it is not too late to start your studies. Let’s break it down.

A person can meet DACA’s educational requirements in any one of the following four ways:

Using an already obtained high school diploma or certificate of completion of high school studies, or another similar award.
Using an already obtained General Educational Development (GED) certificate.
Using a certificate or letter of attendance at a high school, GED program, or other qualifying educational program.
Using discharge paperwork from the Coast Guard or Armed Forces of the United States (although this will not apply to many cases at all).

Difference Between Educational Requirements of DACA and the DREAM Act:

The DREAM Act, a piece of legislation that has been proposed in Congress many times over the last 13 years, and yet has not been passed, is different from DACA. The DREAM Act, if passed, would not be executive action, but a real law. It would allow eligible young people to apply for conditional status that lasts six years. The eligibility requirements are similar to DACA. Then, to become a full permanent residence after six years of conditional status, DREAM Act applicants would need to show they did at least two years of university study, or two years of military service.

DACA, on the other hand, does not require a showing of further educational attainment for renewal. For example, if a person used her high school diploma to show she met the DACA requirements, and now she needs to renew her status, she does not need to have studied at the college level for two years. In fact, DACA renewal does not currently require any further evidence of education.

What Educational Programs Qualify for DACA?

Not all classes qualify students for DACA. For example, a knitting class would clearly not qualify. The class must be for the purpose of obtaining a high school diploma, GED certificate (or similar under State law), or to learn English or a vocational skill. More specifically, from the USCIS DACA Community Handbook the three categories of educational programs are:

1. A public, private, or charter elementary school, junior high or middle school, high school, secondary school, alternative program, or home school program meeting State requirements;

2. An education, literacy, or career training program (including vocational training) that has a purpose of

improving literacy,
mathematics, or
English or
is designed to lead to placement in postsecondary education, job training, or employment and where you are working toward such placement; or

3. An education program assisting students either in obtaining a regular high school diploma or its recognized equivalent under State law (including a certificate of completion, certificate of attendance, or alternate award), or in passing a GED exam or other State-authorized exam (e.g., HiSet or TASC) in the United States.

What proof is required from the educational program?

If the program is funded by the state or federal government, a letter from the school. The school letter should include the following:

Your current course of study, including current grade level
Dates of attendance
Name of the school
Source of funding

If the educational program is not funded by government, the immigration service will need evidence that the program is of “demonstrated effectiveness.” This means it is effective and successful at placing students in postsecondary education, job training courses, or employment. A student should ask the school for a letter explaining the following:

Your current course of study, including current grade level
Dates of attendance
Name of the school
Whether the program is designed to prepare students for future education, training, or employment
Success rate of the program in helping students to
obtain a regular high school diploma or its recognized equivalent,
pass a GED or other State-authorized exam (e.g., HiSet or TASC), or
place students in postsecondary education, job training, or employment;
other relevant information

Click here for a useful and detailed handout from www.weownthedream.org that DACA applicants can give to their educational program to ask for the best letter for the specific situation.

How Long Do I Need to Study to Qualify for DACA?

Different educational programs have different rules about how long a student must participate in their program before providing proof of student status for DACA. Unfortunately some students have stopped attending classes after applying for DACA with a letter from the program, and this has understandably caused some programs to place limits. For example, a school may require attendance for at least six weeks before providing a letter for a student’s DACA application.

What About Continuing My Education as a DACA Student?

Click here for a map of tuition equality in the 50 states. A Tuition Equality bill almost passed the Tennessee legislature in 2015, and seems likely to pass in the near future thanks to the amazing advocacy of local students involved with Tuition Equality Now, a project of the Tennessee Immigrant and Refugee Rights Coalition (TIRRC).