WIOA Services for DACA Recipients
Workforce Services Information Notice
WSIN21-52
Issued: June 27, 2022
Revised: November 22, 2022
Individuals granted relief under the Deferred Action for Childhood Arrivals (DACA) with employment authorization documents are eligible to access programs and services under the Workforce Innovation and Opportunity Act (WIOA).
DACA recipients with valid work authorization remain eligible for WIOA services and should be encouraged to participate in WIOA programs until their work authorization permit expires or is otherwise revoked.
What is DACA?
On June 15, 2012, the Department of Homeland Security (DHS) announced its DACA process for undocumented individuals who came to the United States as children and meet a number of requirements. The DACA program provides eligible, undocumented individuals the opportunity to have legal status and work legally in the United States.
The DACA program provides recipients with a two-year period, subject to renewal, of deferred action, offering protection from deportation or from being placed in removal proceedings, as well as employment authorization for the period of deferred action. Under current regulations, an individual whose immigration case is deferred is eligible to receive employment authorization for the period of deferred action, provided he or she can demonstrate an economic necessity for employment.
Department of Homeland Security Final Rule
On October 31, 2022, the Department of Homeland Security (DHS) issued a Final Rule (PDF) to preserve and strengthen the DACA program while it remains the subject of litigation in court.
The DHS final rule affirms that DACA and related Employment Authorization Documents remain valid. Additionally, under the Final Rule, the US Citizenship and Immigration Services Consideration (USCIS) will continue to accept and process applications for deferred action, work authorization, and advance parole for current DACA recipients. Due to ongoing litigation, however, USCIS cannot process initial DACA requests although they will continue to accept them.
Court Ruling
On October 5, 2022, the US Court of Appeals for the Fifth Circuit affirmed a July 2021 decision of the US District Court for the Southern District of Texas declaring the 2012 DACA policy unlawful. The Fifth Circuit, however, preserved the partial stay issued by the district court in July 2021 and remanded the case back to the district court for further proceedings regarding the new DACA rule. On October 14, 2022, the US District Court for the Southern District of Texas issued an order extending its injunction and partial stay of the DACA final rule.
Guidance and Resources
- Training and Employment Guidance Letter (TEGL) 02-14 – This TEGL provides eligibility requirements as they relate to DACA recipients.
- Training and Employment Notice (TEN) 28-16, Change 2 – This TEN reaffirmed the need to serve English Language Learners, Immigrant, Refugees, and New Americans, and provides samples of best practices, partnership models and resources to serve these target populations.
- USCIS: DACA – Provides more information about the DACA program.
- USCIS News Release – Announces how DHS has begun its limited implementation of DACA under a new Final Rule (November 3, 2022).
- Immigrant Legal Resource Center – The Immigrant Legal Resource Center provides resources on immigration remedies including DACA, “know your rights” materials for immigrants, along with resources to respond to raids and detentions.
- Immigration Services, California Department of Social Services – CDSS has a list of DACA Legal Services organizations that are funded by the state to provide legal assistance and information around the DACA program. The Immigration Branch can serve as a resource for addressing any questions regarding DACA and other immigration questions.
/s/ KIMBERLEE MEYER, Chief
Central Office Workforce Services Division