LIFE AFTER DACA NEXT STEPS AFTER AN APPROVAL

LIFE AFTER DACA: NEXT STEPS AFTER AN APPROVAL

COMMITTEE FOR IMMIGRATION REFORM IMPLEMENTATION (CIRI) 2 www. adminrelief. org

DACA AND WORKERS’ RIGHTS

BENEFITS OF DACA: EAD Now that you have DACA, you will get: • An Employment Authorization Document (EAD) (aka a work permit)

BENEFITS OF DACA: SSN Once you have received your EAD, you can go to a Social Security Administration (SSA) office in person to apply for a Social Security Number (SSN). You must bring your EAD, and proof of your age and identity, such as: • Your foreign birth certificate (if you have one or can get one within 10 business days). • If you cannot, SSA will accept your: • Foreign passport; • U. S. military record; or • Religious record showing age or date of birth.

BENEFITS OF DACA: SSN If you cannot get one of those docs within 10 business days, SSA will accept your: • U. S. driver’s license; • U. S. state-issued identification card; or • School record (issued five or more years ago) showing age or date of birth.

BENEFITS OF DACA: SSN You must bring original, unexpired copies of your documents to SSA. They will not accept photocopies or notarized copies. For more information about applying for an SSN, see SSA’s publication on DACA: http: //www. socialsecurity. gov/pubs/deferred_action. pdf

STARTING A NEW JOB WITH DACA

STARTING A NEW JOB WITH DACA Now that I have DACA, I need to get a job. What do I do? • Once you have received your EAD, you are authorized to work, so you should get out there and apply! • You are not obligated to tell a potential employer that you have DACA and, in general, an employer should not ask you about the basis for your EAD.

THE I-9 PROCESS Once you are hired, your employer will likely ask you to complete an I-9 Employment Verification Authorization form. The I-9 form requires you to show a document or a combination of documents from a list of acceptable documents to prove your identity and work authorization. Your EAD is a “List A” document that proves both your identity and work authorization, so your EAD is all you need to complete the I-9.

I-9 FORM

THE I-9 PROCESS If your employer refuses to accept your EAD, or if they ask you to provide additional or particular documents (like a green card, for example), they may be engaging in illegal document abuse. If you think this happened, you can call the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), which enforces the law against document abuse. OSC’s worker hotline: 1 -800 -255 -7688.

EAD EXPIRATION DATE Your EAD through DACA will reflect an expiration date of 2 years from the date on which your DACA was approved. This expiration date will be recorded on your I-9 form with your employer. As you near your expiration date, your employer will likely ask you to present proof of your continued work authorization. If you have not yet received your new EAD by your current DACA expiration date, you will be at risk of being terminated from your job. Therefore, it is very important that you apply to renew your DACA on time, to avoid any potential lapse in work authorization

QUIZ Javier has DACA and gets a new job as a mechanic. His new supervisor asks him to fill out an I-9 form. After Javier shows him his new EAD, his supervisor asks him for a passport or a green card. What should Javier do?

QUIZ A. Explain to the supervisor that his EAD satisfies the I-9 requirements. B. Give up and look for another job. C. Contact the Office of Special Counsel for Immigration-Related Unfair Employment Practices. D. None of the above.

MAINTAINING YOUR CURRENT JOB

UPDATING YOUR INFORMATION WITH YOUR CURRENT EMPLOYER If you are already working when you receive DACA and your EAD, the process of updating your information with your current employer can be tricky. Most likely, you fall into one of two categories: • Your employer did not have you complete an I-9 form when you were hired and you are working off the books; OR • You presented false information (including a name and/or Social Security Number that is not yours) when you were hired. In either case, you run the risk of termination when you present your new EAD to your employer.

DO I HAVE TO TELL MY EMPLOYER THAT I GOT DACA AND AN EAD? No, you are not required to notify your employer that you got DACA. USCIS will notify your employer that you got DACA and an EAD. However, there are several reasons why you will want to begin working under your new EAD as soon as you can: • To end the legal violation of working under a false name and/or SSN; • To have your Social Security and other earnings properly credited to your SSN; • To begin developing an employment and earnings record under your name and SSN

WHAT COULD HAPPEN IF I TRY TO UPDATE MY INFORMATION WITH MY EMPLOYER? There is no straight-forward or easy answer. Because this is a tricky issue, you should consult your union rep or an attorney before you present your new information to your employer. There are special protections for workers in California, but—outside of California—your employer may fire you for having provided false information when you were hired, unless: • Doing so would violate any applicable collective bargaining agreement; or • You could show that your employer had treated other employees who had presented false information differently and thus was discriminating against you.

CALIFORNIA LAW PROVIDES GREATER PROTECTION As of January 1, 2014, a California law prohibits your employer from taking negative action against you for updating your personal information, including your Social Security Number, on your employment records. (See Section 1024. 6 of the California Labor Code)

MAINTAINING YOUR CURRENT EMPLOYMENT Your employer is not legally obligated to terminate your employment, even if you were previously working under a false name or SSN. In fact, USCIS has issued DACA guidance to employers on how to properly update a form I-9 with new personal information, including a change in name or Social Security Number: http: //www. uscis. gov/sites/default/files/USCIS/Humanitarian/Deferred%20 Act ion%20 for%20 Childhood%20 Arrivals/DACA-Fact-Sheet-I-9_Guidance-foremployers_nov 20_2012. pdf

MAINTAINING YOUR CURRENT EMPLOYMENT USCIS also provides helpful guidance in its I-9 Handbook for Employers (p. 24): You may encounter situations other than a legal change of name where an employee informs you or you have reason to believe that his or her identity is different from that previously used to complete the Form I-9. For example, an employee may have been working under a false identity, has subsequently obtained a work authorized immigration status in his or her true identity, and wishes to regularize his or her employment records. In that circumstance you should complete a new Form I-9. Write the original hire date in Section 2, and attach the new Form I-9 to the previously completed Form I-9 and include a written explanation.

MAINTAINING YOUR CURRENT EMPLOYMENT I-9 Handbook for Employers (p. 24), cont’d: In cases where an employee has worked for you using a false identity but is currently work authorized, the I-9 rules do not require termination of employment. However, there may be other laws, contractual obligations, or company policies that you should consider prior to taking action. http: //www. uscis. gov/sites/default/files/form/m -274. pdf

MAINTAINING YOUR CURRENT EMPLOYMENT Given all of these complexities, what should I do? • Weigh your options against the possible risks. • Talk to your union rep or an attorney before you present your new EAD to your employer. • The issue is even trickier if you are outside of California. You will have to think about the specific facts and circumstances of your situation: • Do you know how your employer will react? Do you know if your employer has fired other workers who previously presented false information (for example, on a resume)? • Does your employer have a “mandatory honesty” policy? • What is your relationship with your employer like? Is your employer likely to want to keep you on the job?

RESOURCES: AGENCY GUIDANCE ON DACA Office of Special Counsel for Immigration-Related Unfair Employment Practices DACA Factsheet: • http: //www. justice. gov/crt/about/osc/pdf/publications/DACA_E nglish 2. pdf (Eng) • http: //www. justice. gov/crt/about/osc/pdf/publications/DACA_S panish 4. pdf (Span) USCIS DACA Guidance for Employers: http: //www. uscis. gov/sites/default/files/USCIS/Humanitarian/Deferred%20 Act ion%20 for%20 Childhood%20 Arrivals/DACA-Fact-Sheet-I-9_Guidance-foremployers_nov 20_2012. pdf SSA Social Security Number and Card—DACA: http: //www. socialsecurity. gov/pubs/deferred_action. pdf

RESOURCES: FORMS YOU MAY NEED I-9 Form (in English and Spanish) and I-9 Handbook for Employers: • http: //www. uscis. gov/i-9 Application for SSN/card: • http: //www. ssa. gov/forms/ss-5. pdf DACA application and renewal application form: • http: //www. uscis. gov/i-821 d