Undocumented Student Support

President Biden is proposing broad immigration reform, including a path to U.S. citizenship for undocumented immigrants. The legalization program – granting legal status to our nation’s 11 million undocumented immigrants – requires Congressional approval. That could take months. Until then, don’t get scammed into paying for help preparing an application. Congressional passage is not guaranteed and substantial changes to this legislation are likely. Here’s what you need to know about just some of the President’s most important immigration initiatives.

Permanent residence for undocumented Immigrants

The proposed legislation would grant undocumented immigrants here on or before January 1 temporary legal status, with the right to work and travel abroad. Exclusions will apply to some with criminal records. Those who have worked will have to have paid their taxes. After five years, the temporary residents will qualify for permanent residence – a green card – and three years later, for U.S. citizenship.

Permanent residence for DACA and TPS holders and, some farmworkers

The President’s proposal provides a separate path to U.S. citizenship for DACA and TPS holders, plus some farmworkers. Under the bill, they will qualify immediately for permanent residence. Then, after three years, the DACA, TPS holders and farmworkers will qualify for U.S. citizenship. After three years permanent residence, DACA and TPS holders can become U.S. citizens.

Ending the unlawful presence bar to permanent residence

Under current law, if you leave the United States after having been her unlawfully more than 180 days, even to go to an immigrant visa interview abroad, you are barred from returning for three years. The bar is 10 years if you have been here unlawfully one year or longer. The Biden bill will eliminate that bar. If that happens, hundreds of thousands of undocumented immigrants in the United States will qualify for permanent residents through petitions filed by their U.S. citizen and permanent resident relatives.

Changes in the immigration quota system

Green card applicants in the family and employment preference categories will move to the front of the line more quickly. Under the Biden bill, derivative beneficiaries of green card quota applicants won’t be counted against the quota. Now, those beneficiaries – the spouse and unmarried children of preference green card applicants – reduce the total of visas now available. The Biden bill will also require the Department of State to recapture unused visas from prior years, increasing the number of available visas.

Other important proposal impacting legal immigration

One important change would grant green cards to doctoral graduates in the STEM fields, Science, Technology, Engineering and Math. This change will encourage foreign students to study here and then stay to help build America.

H-1B professional temporary workers will be pleased that their spouse and children will qualify for employment authorization. Under current law, work permission is available only to certain spouses.

What is Deferred Action for Childhood Arrivals (DACA)?

Federal immigration program that was created under the Obama Administration in 2012; DACA provides eligible undocumented immigrants with:

• Temporary protection from deportation
• Access to work authorization
• Permission to travel abroad

Current DACA Status

A federal court has ordered U.S. Citizenship and Immigration Services to implement the original Obama DACA plan. That means:

1. Qualified individuals who never had DACA can apply now.
2. USCIS will automatically extend one-year DACA to two years.
3. Travel abroad, called advance parole, will be available for those traveling for humanitarian, educational and business reasons.

What Happens Now?

A federal court is considering whether DACA is lawful. We expect a decision sometime in January. That decision could limit future DACA applications but is very unlikely to impact individuals who have DACA. Meanwhile, we expect the Biden administration to find a way to protect DACA holders.

I’m a DACA recipient. Will the information I shared with the federal government be used to deport me?
The federal government has stated its current policy is that information provided in DACA requests is “protected from disclosure” to immigration enforcement agencies unless the individual meets the criteria for the issuance of a Notice To Appear or a referral to immigration enforcement authorities under the criteria set forth in the federal government’s Notice to Appear guidance (www.uscis.gov/NTA). Generally, such criteria address cases that involve public safety threats, criminal matters, and/or allegations of fraud.

When my DACA expires, will Immigration and Customs Enforcement (ICE) immediately arrest me?
Unlikely. We do not expect ICE to arrest most people who lose DACA status. Most at risk are those with outstanding deportation orders or criminal records.

Can I get USCIS permission to travel abroad based on my DACA status?
Yes. USCIS is granting travel permission, called “advance parole,” to DACA recipients.

Can I get into another legal status?
For most people with DACA, the path to legal status is very limited. This is why it is important to consult with an attorney. Contact CUNY Citizenship Now!, CUNY’s free immigration law service program by calling 646-664-9400 or texting 929-334-3784. Please identify yourself as a CUNY student, faculty or staff. If you qualify to renew or reinstate DACA, CN! will help you complete your application and advise you of the availability of filing fee assistance.

If I lose DACA, will I still be able to go to college at CUNY?
Yes. The City University of New York is dedicated to providing a high quality, accessible education to all New Yorkers, regardless of residency status or citizenship.

I currently pay in-state tuition at CUNY. If I lose DACA will I be charged out-of-state tuition?
Even if DACA is terminated, most students will continue to pay in-state tuition. New York State provides in-state tuition to its non-citizen New York high school graduates without regard to immigration status.

I have DACA and a work permit. Is my work authorization still valid?
Your employment authorization card (work permit) is valid until expiration, unless it is individually terminated or revoked.

If I lose my DACA status but my employment authorization card (work permit) is valid until expiration, will my employer be able to pay me less than minimum wage? What if I get hurt on the job?
Non-citizens regardless of immigration category or work authorization are protected by labor standards laws such as those that provide for minimum wages and prevent unpaid wages and workman’s compensation.

If my DACA status expires, will my employer fire me?
At the point you lose your DACA status, you will no longer be authorized to work as an “employee” in the United States.

If my DACA authorization expires and I no longer am able to work as an employee, is there another way for me to earn money?
Regardless of the possible termination of DACA, if you are working as an independent contractor rather than as an employee, you may continue working. DACA beneficiaries may continue to use their SSNs to work as an independent contractor or start a business; both options do not require work authorization. Regardless of the possible termination of DACA, DACA beneficiaries may continue to use their SSN to work as an independent contractor or start a business; both options do not require work authorization (For more information)

I have DACA status and am covered by Medicaid. Will I lose my health insurance if I lose DACA?
No. Under New York State law, individuals with DACA status and those with rescinded DACA status, may be eligible for state-funded Medicaid. If your DACA status has been rescinded, contact NY State of Health at 1-855-355-5777, TTY: 1-800-662-1220.

What is Temporary Protected Status (TPS)?

Allows individuals from certain countries to remain in the United States if it is unsafe for them to return to their home country due to:

• Ongoing armed conflict (such as civil war)
• An environmental disaster (such as an earthquake or hurricane) (MOIA)

Under Valid Temporary Protected Status:

• Individuals are not able to be removed from the United States
• Can receive an employment authorization document
• May be permitted to travel domestically and internationally (based on case by case basis)

Who qualifies for TPS?

Immigrants from El Salvador 🇸🇻, Haiti 🇭🇹, Honduras 🇭🇳, Nepal 🇳🇵, Nicaragua 🇳🇮, Somalia 🇸🇴, Syria 🇸🇾, Sudan 🇸🇩, South Sudan 🇸🇸, Yemen 🇾🇪

What is Public Charge?

To get permanent residence, a green card, most applicants must prove that they will not become what the law calls a “public charge” A public charge is a person who requires need-based public assistance. Recently the government instituted a more restrictive test for determining who can become a public charge.

Who is affected by Public Charge?

Those affected by the new policy are first-time green card applicants and visa-applicants. If you already have your green-card, receiving public benefits will not impact your right to become a U.S. citizen.

The Problem

• In New York State in 2019, over 700,000 people older than 16 weren’t allowed to apply for their driver’s license, due to their undocumented immigration status.
• This has caused many problems. Many immigrants were not able to carry proper identification or even register and insure their cars — both of which are state law.
• Because they didn’t have proper ID, many immigrants were at risk during police interactions, feared detention and even possible deportation.

The Green Light Law Act — The Solution

• Also known as “The Driver’s License Access and Privacy Act”, the Green Light Law Act allows for all New Yorkers, including undocumented immigrants — 16 years of age or older — to apply for a standard (not for federal usage nor commercial usage) driver license and/or learner’s permit.
• Under this Act, DMV officials are not allowed to ask about one’s citizenship or legal status here in the United States.
• Go here for more information on the Green Light Law.

ActionNYC

Services: DACA, TPS, public charge, citizenship, green card applications and renewals

Cost: Free

Contact: Hotline: 1-800-354-0365 or 311 and say ‘ActionNYC’

Brooklyn Defenders Services — Immigration Practice

Services: Adjustment of status, asylum applications, DACA, employment authorization, family-based petitions, habeas corpus, naturalization/citizenship, removal hearings, special immigrant juvenile status

Cost: Free

CUNY’s Citizenship Now!

Services: Naturalization, certificates of citizenship, renewal of immigration documents, full and partial-fee waiver requests, family-based petitions, DACA, TPS, adjustment of status, consular processing.

Cost: Free

Make the Road New York

Services: Landlord -tenant disputes, public benefits, workplace justice, immigration, family law justice, civil rights justice

Cost: Free

COVID-19 Testing

Find a testing site near you.

Emergency Medicaid for COVID-19

COVID-19 testing, evaluation, and treatment will be provided under Emergency Medicaid. This means all low-income individuals, regardless of immigration status, will have these services covered.

Get Covered! Health Coverage Fact Sheets

The Get Covered! Individuals and Families fact sheets helps residents understand their health insurance and coverage options and the financial help that is available to make it more affordable.

Guide to Health Insurance and Health Care Services for Immigrants in New York City

In NYS, all pregnant women who are low-income can receive Medicaid, regardless of immigration status. All children in NYS are eligible for Child Health Plus regardless of immigration status. Some immigrants, like Deferred Action for Childhood Arrivals (DACA) and those permanently residing under color of law (PRUCOL), can qualify for NYS Medicaid. Undocumented immigrants who are low-income can be pre-approved for Medicaid that covers emergency health issues ONLY.

Mental Health

CUNY colleges have counseling centers that can assist with counseling or referrals.

NYC Department of Health and Mental Hygiene/ NYC Well

Mental health services are available regardless of immigration status and in many languages. Visit the NYC Department of Health and Mental Hygiene website to make an appointment, or call 311.

NYC Health Clinics

New York City Health Department clinics offer services, regardless of immigration status.

CUNY-Initiative on Immigration and Education

Services: a State funded initiative to support educators working with immigrant and undocumented students across NY State.

Cost: Free

New York State Youth Leadership Council

Services: Scholarships, work opportunities and general resources.

Cost: Free