ASSET, DACA, and In-State Tuition

Frequently Asked Questions About DACA and ASSET Programs

What is the current legal status of the DACA program?

• A court ruling in July 2021 held that the DACA program is unlawful, but allows DACA to continue for current participants, who can still renew their status every two years
• The federal government filed an appeal to this ruling on Sept. 5, 2021; to stay up to date on this and other development, refer to organizations like NILC: https://www.nilc.org/issues/daca/

Should I renew DACA?

• Yes; renewals are being accepted and the requirements for DACA are unchanged (listed here: https://www.uscis.gov/i-821d); USCIS recommends that DACA recipients submit their renewal requests 120 to150 days before expiration; processing times are longer than they used to be

What about Advance Parole?

• Advance Parole (which allows re-entry into the country after traveling abroad) is currently not an option except under “exceptional circumstances”;
• Even if approved, using the Advance Parole option to travel internationally could lead to complications upon return due to unpredictable changes to immigration law – always consult with an attorney prior to traveling abroad using Advance Parole!

Will there be a permanent solution for DACA & undocumented individuals?

• The Biden Administration’s wide-ranging 2021 Citizenship Act would provide a (lengthy but stable) pathway to citizenship for undocumented individuals
• If passed, it would also ease Trump administration’s policies that restricted refugee & asylee options, raises visa caps for some categories, and introduce family immigration and refugee/asylee reform
• Other legislative efforts, such as Representative Jayapal’s “Roadmap to Freedom” Resolution, would provide additional policy changes to enact immigration reform

What employment options will DACA recipients have if DACA is ever terminated?

• DACA recipients should educate themselves and explore alternatives to employment; for more information, check out Immigrants Rising or MSU Denver’s UndocuCareer Guide
• Individuals without DACA may still be able to work in the U.S. as independent contractors, form their own company, or transition their current employment to an independent contractor position
• Many national and local organizations (such as the Democracy at Work Institute or Radiate Consulting) exist to provide help with setting up your own business
• MSU Denver, much like other universities, requires work authorization for student or faculty/staff employment

What impact would a termination of DACA have on my scholarships or in-state tuition?

• If your scholarships are provided by private or non-profit institutions, the state of Colorado, or directly by MSU Denver – you will not lose access to those financial resources
• Many scholarships – such as Dream.US – have already or will update their requirements to include non-DACA individuals
• In-state tuition is provided through a state law, and you will remain eligible for in-state tuition

Should I travel internationally or study abroad if I have DACA or have no DACA status?

• Traveling internationally with DACA or while undocumented is not advisable unless a visa is in place; re-entering the country will be difficult or impossible
• Domestic air travel with DACA is possible but requires an up-to-date passport issued by country of origin

How will the REAL ID Act impact undocumented individuals?

• The REAL ID Act (enacted after 9/11 to make IDs more reliable) will take effect in Jan 2020; such IDs will be “marked” for undocumented individuals and only applicants with lawful presence in the United States are permitted to receive REAL ID Act-compliant licenses
• Passing through airport security requires a REAL ID-compliant identification or – for example for undocumented individuals – other government-issued IDs, such as a foreign passport
• non-possession of REAL ID may be a trigger for further inquiry by TSA into lawful residency status; watch for updates on how the TSA handles individuals flying domestically without REAL ID-compliant documents

What should I do if I witness a raid?

• Before sharing raids on social media, it is a good idea to check with the Colorado Rapid

Response Network – they will send legal observers to verify if a raid is happening.

Call 1-844-864-8341 to check on/report any ICE Activity in our community

• Always verify a potential raid or roadblock by ICE through

Who should I contact if I or somebody I know is in detention?

• Rocky Mountain Immigrant Advocacy Network specializing in legal and other support for individuals held in detention due to immigration-related issues: https://www.rmian.org/ or call 303-433-2812 (Hotline for detainees: 303-866-9308)

Sources:

https://www.aila.org/advo-media/aila-practice-pointers-and-alerts/aila-practice-alert-filing-daca-renewal

https://usa.inquirer.net/9301/undocumented-immigrants-face-real-id-act

https://thinkprogress.org/heres-what-to-do-if-ice-shows-up-at-your-door-c3257b6a64e9/

https://www.presidentsimmigrationalliance.org/wp-content/uploads/2019/11/2019-11-FAQ-Supporting-DACA-Recipients-on-Campus.pdf

ASSET

Colorado state law that provides in-state tuition to qualifying students, if they:
-have attended a Colorado high school for 3 years immediately before graduation or earning a GED
-admitted to a public/private college within 12 months of graduating from HS or receiving a GED
-be a recipient of the Colorado Opportunity Fund

DACA

A federal executive order that allows certain undocumented immigrants who entered the U.S. before their 16th birthday and before June 2007 to a receive a renewable two-year permit and exemption from deportation. On Sept. 6th, 2017, the new federal administration has announced that it would not renew DACA renewal applications, but those who received DACA won’t lose their benefits until their current DACA status expires. Students with DACA status, or who are undocumented, can qualify for ASSET if they meet the criteria.

ASSET is not connected to DACA 

In-state tuition will continue to be available for qualifying students even if their DACA status ends. Likewise, financial aid is available to DACA or undocumented students through MSU Denver, the state of Colorado (such as the Colorado College Responsibility Grant), or through private scholarships.

In-state tuition for DACA & undocumented students

Students with DACA status are eligible for in-state tuition after establishing domicile in Colorado for 12 months or more prior to the start of classes, but are not eligible for state financial aid unless they also meet the ASSET criteria (see below). DACA-status students who meet ASSET criteria are eligible for both in-state tuition and state financial aid.

Undocumented students without DACA need to fully meet the ASSET criteria (see below) to receive in-state tuition and to be eligible for state financial aid, and cannot use the “12 months in Colorado” rule to be eligible for in-state tuition.

The In-state Tuition for DACA, Undocumented, and Adjustment Applicant Students Guide provides a helpful checklist for DACA & undocumented students to receive in-state tuition at MSU Denver.