Categories IllinoisState Regulations and Laws

Deferred Action for Childhood Arrivals (DACA) Recipients in Illinois

1. What is DACA and who qualifies as a DACA recipient in Illinois?

DACA, or Deferred Action for Childhood Arrivals, is a program initiated by President Obama in 2012 to protect certain undocumented individuals who were brought to the United States as children from deportation. To qualify for DACA, individuals must meet several criteria, including having arrived in the U.S. before turning 16 years old, continuously residing in the U.S. since June 15, 2007, and meeting educational or military service requirements. DACA recipients, also known as “Dreamers,” receive temporary protection from deportation and may be eligible for work permits.

In Illinois, DACA recipients must meet the same federal criteria as individuals in other states to qualify for the program. Additionally, in Illinois, DACA recipients are eligible for in-state tuition at public universities and community colleges. They may also qualify for state financial aid programs, such as the Monetary Award Program (MAP) grant, to help cover the costs of higher education. Illinois has been a supportive state for DACA recipients, offering various resources and opportunities to help them thrive in their communities despite their temporary immigration status.

2. How can someone in Illinois apply for DACA status?

In Illinois, individuals seeking to apply for DACA (Deferred Action for Childhood Arrivals) status can do so by following these steps:

1. Determine eligibility: Applicants must meet certain criteria, including being under the age of 31 as of June 15, 2012, arriving in the United States before turning 16, continuously residing in the country since June 15, 2007, and meeting educational or military service requirements.

2. Prepare application materials: This includes filling out Form I-821D (Consideration of Deferred Action for Childhood Arrivals), Form I-765 (Application for Employment Authorization), and Form I-765WS (Worksheet). Additionally, applicants need to gather supporting documents to demonstrate their eligibility.

3. Submit the application: Once the application is complete, it should be mailed to the appropriate USCIS lockbox facility along with the required fees and supporting documents. It is crucial to follow all instructions carefully to ensure the application is processed correctly.

4. Attend biometrics appointment: If the application is accepted, the applicant will be scheduled for a biometrics appointment to provide fingerprints, photos, and a signature.

5. Await decision: After completing these steps, the applicant will need to wait for a final decision on their DACA application. It is important to stay informed about the status of the application and respond to any requests for additional information promptly.

By following these steps and meeting the eligibility requirements, individuals in Illinois can apply for DACA status and potentially receive protection from deportation and authorization to work in the United States.

3. What benefits do DACA recipients in Illinois receive?

DACA recipients in Illinois may be eligible for various benefits, which can include:
1. Work Authorization: DACA provides recipients with the ability to work legally in the United States.
2. Social Security Number: DACA recipients can obtain a Social Security number, allowing them to access benefits such as opening bank accounts and applying for loans.
3. Driver’s License: In Illinois, DACA recipients can apply for a temporary visitor driver’s license, enabling them to legally drive in the state.
4. In-State Tuition: Some DACA recipients may qualify for in-state tuition rates at Illinois colleges and universities.
5. Health Insurance: Depending on individual circumstances, DACA recipients may be eligible for certain health insurance programs.
It is essential for DACA recipients in Illinois to stay informed about their rights and available resources to fully benefit from the program.

4. Can DACA recipients in Illinois obtain a driver’s license?

Yes, DACA recipients in Illinois are eligible to apply for a Temporary Visitor Driver’s License (TVDL). This specialized driver’s license is available to individuals who are unable to obtain a Social Security Number but can provide certain documentation to prove their residency in the state. DACA recipients can use their Employment Authorization Document (EAD) issued by USCIS as one of the required documents to apply for a TVDL. Having a TVDL allows individuals, including DACA recipients, to legally drive in Illinois. It’s important for DACA recipients to familiarize themselves with the specific requirements and process for obtaining a TVDL in Illinois to ensure compliance with state regulations.

5. Are DACA recipients in Illinois eligible for in-state tuition at colleges and universities?

DACA recipients in Illinois are generally eligible for in-state tuition at colleges and universities in the state. This is because Illinois is among the states that have enacted legislation to allow DACA recipients to qualify for in-state tuition benefits. However, it is important to note that each state has its own specific laws and policies regarding DACA recipients and in-state tuition eligibility. It is advisable for DACA recipients in Illinois to check with the specific college or university they are interested in attending to confirm their eligibility for in-state tuition. Additionally, DACA recipients may also be eligible for financial aid and scholarships, but this will vary depending on the institution and available resources.

6. Can DACA recipients in Illinois travel outside of the country?

1. DACA recipients in Illinois have the ability to travel outside of the country under certain conditions. However, they must first apply for and receive advance parole from the U.S. Citizenship and Immigration Services (USCIS) before they can travel internationally. Advance parole is permission granted to DACA recipients to leave and re-enter the United States for educational, employment, or humanitarian purposes.

2. Without advance parole, DACA recipients who leave the country risk losing their DACA status and may not be allowed to re-enter the United States. It is important for DACA recipients to carefully follow the process for obtaining advance parole, including submitting the required forms and documentation, to ensure that they can travel outside of the country without jeopardizing their DACA status.

3. It is recommended that DACA recipients consult with an immigration attorney or a legal service provider before making any travel plans to ensure that they understand the requirements and implications of traveling outside of the country. Each case is unique, and it is important to obtain individualized guidance to navigate the complexities of international travel as a DACA recipient in Illinois.

7. What rights do DACA recipients have in Illinois?

Under Temporary Protected Status (TPS), recipients have the following rights in Illinois:

1. Work Authorization: TPS recipients are eligible to obtain work authorization in the state of Illinois, allowing them to work legally in the United States.

2. Driver’s License: TPS recipients in Illinois are generally allowed to obtain a driver’s license, providing them with the ability to drive legally within the state.

3. Access to Education: TPS recipients have the right to access educational opportunities in Illinois, including attending public schools and universities.

4. Protection from Deportation: TPS provides recipients with protection from deportation as long as they maintain their status and comply with the guidelines set by the U.S. government.

5. Social Security Number: TPS recipients are eligible to apply for a Social Security Number, which allows them to access various benefits and services in Illinois.

It is important for TPS recipients in Illinois to stay informed about their rights and responsibilities under the program to ensure they can fully benefit from the protections it offers.

8. Are DACA recipients in Illinois eligible for healthcare benefits?

DACA recipients in Illinois may be eligible for certain healthcare benefits, depending on their individual circumstances. Here are some key points to consider:

1. DACA recipients are generally not eligible for Medicaid, as this program is federally funded and DACA recipients are not considered lawfully present at the federal level.
2. However, some states, including Illinois, have chosen to provide healthcare coverage to DACA recipients through their state-funded programs.
3. In Illinois, DACA recipients may be eligible for the state’s Medicaid program for Emergency Only coverage, which provides limited medical services for emergencies only.
4. Additionally, DACA recipients may qualify for other state-funded healthcare programs or services, such as community health centers or free clinics, depending on their income level and other factors.

Overall, while DACA recipients in Illinois may not have access to the same healthcare benefits as U.S. citizens or lawful permanent residents, there are some options available at the state level to help them access necessary medical care in emergencies. It is important for DACA recipients in Illinois to research and understand their options for healthcare coverage in order to ensure they receive the care they need.

9. Can DACA recipients in Illinois work legally in the state?

Yes, DACA (Deferred Action for Childhood Arrivals) recipients in Illinois can work legally in the state. DACA recipients are eligible for work authorization, allowing them to legally work in the United States, including Illinois. The DACA program provides temporary protection from deportation and work authorization to certain undocumented immigrants who were brought to the United States as children. DACA recipients must meet specific criteria, such as no serious criminal convictions, to qualify for the program. Once approved, DACA recipients receive an Employment Authorization Document (EAD) that allows them to work legally in the U.S., including in the state of Illinois.

It’s important for DACA recipients to maintain their DACA status and renew their work permits as needed to continue working legally in Illinois and across the country. Additionally, DACA recipients should stay informed about any changes to the DACA program or immigration policies that may affect their ability to work in Illinois. Working with an immigration attorney or a reputable organization that provides immigration services can help DACA recipients navigate the complexities of immigration law and ensure they are in compliance with all requirements to work legally in the state.

10. What are the current fees for applying for DACA status in Illinois?

As an expert in Temporary Protected Status, I can confirm that the Deferred Action for Childhood Arrivals (DACA) program is different from Temporary Protected Status. DACA is specifically designed for eligible undocumented immigrants who came to the United States as children. The fees for applying for DACA status are set at $495, which includes both the application fee and biometrics fee. This fee is required for each initial DACA application, renewal application, and for requesting a work permit under DACA. It is essential to stay updated on any changes to the fees or requirements set forth by the U.S. Citizenship and Immigration Services (USCIS) to ensure accurate information when applying for DACA status in Illinois or any other state.

11. Can DACA recipients in Illinois apply for legal permanent residency or citizenship?

No, DACA recipients in Illinois cannot apply for legal permanent residency or citizenship solely based on their DACA status. DACA, which stands for Deferred Action for Childhood Arrivals, provides temporary protection from deportation and work authorization but does not provide a pathway to permanent residency or citizenship. In order to apply for legal permanent residency or citizenship, DACA recipients would need to explore other avenues such as sponsorship through a family member, employment-based sponsorship, or other forms of relief such as asylum or TPS. It is important for DACA recipients to consult with an immigration attorney to explore all available options and understand the eligibility criteria for obtaining legal permanent residency or citizenship.

12. How long does DACA status last in Illinois?

Temporary Protected Status (TPS) is a form of temporary immigration status granted to eligible nationals of certain countries who are unable to return to their home country due to ongoing armed conflict, environmental disaster, or other extraordinary circumstances. TPS status is typically granted for a period of 6 to 18 months and can be extended as long as the conditions in the home country remain unsafe for return. It is important to note that TPS is not the same as DACA (Deferred Action for Childhood Arrivals), which is a different program that provides temporary protection from deportation and work authorization for certain undocumented immigrants who came to the United States as children. In the case of DACA, the initial period of protection is typically granted for two years and can be renewed for additional periods as long as the individual meets the eligibility criteria. The duration of DACA status in Illinois would be the same as in any other state, as it is a federal program administered by U.S. Citizenship and Immigration Services.

13. Can DACA recipients in Illinois sponsor family members for any immigration benefits?

No, DACA recipients in Illinois cannot sponsor family members for immigration benefits. DACA (Deferred Action for Childhood Arrivals) does not provide a pathway to legal permanent residency or citizenship, and as a result, DACA recipients themselves are not eligible to sponsor family members for immigration benefits such as green cards through family sponsorship programs. DACA recipients must meet specific criteria and have a clean criminal record to be eligible for DACA status, but this status does not grant the ability to sponsor family members for immigration benefits. It is important for DACA recipients to explore other options or consult with immigration attorneys to understand potential pathways for their family members.

14. What are the rights and protections for DACA recipients in Illinois regarding immigration enforcement?

DACA recipients in Illinois are granted certain rights and protections when it comes to immigration enforcement. These include:

1. DACA recipients have the right to protection from deportation under the Deferred Action for Childhood Arrivals program, which allows them to remain in the United States and work legally.

2. DACA recipients also have the right to renew their DACA status every two years, as long as they continue to meet the eligibility criteria.

3. In Illinois, DACA recipients are eligible for in-state tuition at public universities and colleges, making higher education more accessible to them.

4. Additionally, DACA recipients are entitled to certain due process rights, including the right to be represented by an attorney in immigration proceedings.

5. Illinois has taken steps to limit cooperation with federal immigration enforcement agencies, providing a level of protection for DACA recipients within the state.

Overall, DACA recipients in Illinois enjoy certain rights and protections that help safeguard their presence and opportunities in the state despite their immigration status.

15. Can DACA recipients in Illinois apply for financial aid for college?

Yes, DACA recipients in Illinois are eligible to apply for state financial aid programs for college, such as the Monetary Award Program (MAP) grant. These state programs are open to eligible students regardless of their immigration status. DACA recipients should fill out the Free Application for Federal Student Aid (FAFSA) to be considered for need-based financial aid, including federal grants, scholarships, and loans. In addition to state and federal aid, some private scholarships are also available to DACA recipients to help finance their education. It is important for DACA recipients to research and apply for all available financial aid opportunities to support their college education.

16. What are some common challenges and obstacles for DACA recipients in Illinois?

Some common challenges and obstacles faced by DACA recipients in Illinois include:

1. Limited access to financial aid: DACA recipients are not eligible for federal financial aid, which can make it difficult for them to afford college tuition and other educational expenses.

2. Limited job opportunities: DACA recipients often face challenges in finding stable employment due to restrictions on their ability to work in certain industries or professions.

3. Fear of deportation: DACA recipients live with the constant fear of their protected status being revoked, leading to potential deportation and separation from their families.

4. Limited access to healthcare: DACA recipients may struggle to access affordable healthcare due to their immigration status, making it difficult to address their medical needs.

5. Mental health challenges: The stress and uncertainty associated with being a DACA recipient can lead to mental health issues such as anxiety and depression, with limited access to resources for support.

6. Housing insecurity: DACA recipients may face challenges in finding stable housing due to financial constraints and discrimination based on their immigration status.

7. Limited travel opportunities: DACA recipients face restrictions on international travel, limiting their ability to visit family members or pursue educational or professional opportunities abroad.

Overall, these challenges can significantly impact the daily lives and long-term prospects of DACA recipients in Illinois, highlighting the need for comprehensive immigration reform to address these issues.

17. Are there any specific resources or organizations in Illinois that provide support and assistance to DACA recipients?

Yes, there are several resources and organizations in Illinois that provide support and assistance to Temporary Protected Status (TPS) recipients. Some of these include:

1. National Immigrant Justice Center (NIJC): Based in Chicago, NIJC offers legal services and advocacy for immigrant communities, including TPS holders.

2. Illinois Coalition for Immigrant and Refugee Rights (ICIRR): ICIRR is a statewide coalition that works on immigration issues and provides support for TPS recipients through various programs and services.

3. Centro de Informacion: Located in Elgin, Centro de Informacion offers a wide range of services for immigrants, including legal assistance for TPS holders.

4. Latin United Community Housing Association (LUCHA): LUCHA is a nonprofit organization in Chicago that provides housing and legal services for immigrant communities, including TPS recipients.

These organizations can provide valuable support, resources, and guidance for TPS recipients in Illinois who may be facing challenges related to their status.

18. Can DACA recipients in Illinois serve in the military?

Yes, DACA recipients in Illinois are eligible to serve in the military under certain conditions. DACA recipients can enlist in the military through the Military Accessions Vital to the National Interest (MAVNI) program, which allows certain non-citizens with critical language or medical skills to join the U.S. Armed Forces. However, DACA recipients must meet specific criteria to be eligible for the MAVNI program, including having lived in the U.S. continuously since June 15, 2007, being granted DACA status, and having no derogatory information in their background check. It is important for DACA recipients in Illinois who are interested in serving in the military to consult with an immigration attorney to understand their specific eligibility and options for enlisting.

19. How does DACA status interact with other immigration laws and policies in Illinois?

In Illinois, DACA status interacts with various other immigration laws and policies in important ways. Firstly, DACA recipients in Illinois may be eligible for in-state tuition at public universities and colleges, allowing them greater access to higher education opportunities. DACA recipients may also be eligible for certain state-funded financial aid programs. Additionally, DACA status does not confer lawful immigration status, but it does provide protection from deportation and work authorization, which can impact eligibility for certain state benefits and programs.

Furthermore, DACA recipients in Illinois, like in other states, may face challenges such as limitations on obtaining professional licenses in certain fields due to their immigration status. While DACA provides temporary relief from deportation and work authorization, it does not offer a direct pathway to permanent residency or citizenship, which can affect long-term planning for individuals in Illinois.

Overall, DACA status intersects with various aspects of immigration laws and policies in Illinois, shaping the opportunities and challenges faced by recipients in the state. It is essential for DACA recipients to stay informed about changes in immigration policies at both the federal and state levels to navigate their status effectively and access available resources and support services.

20. What recent updates or changes have occurred regarding DACA status for recipients in Illinois?

As an expert in Temporary Protected Status (TPS), I can provide information on the recent updates and changes regarding DACA status for recipients in Illinois. Here are the key points:

1. In September 2021, a federal judge in Texas ruled that the DACA program was unlawful, leading to uncertainty for DACA recipients across the country, including in Illinois.
2. However, on December 7, 2021, the Biden administration announced that it would fully reinstate the DACA program, including accepting new first-time applications, renewals, and advance parole requests.
3. This decision provided relief for DACA recipients in Illinois and nationwide, allowing them to continue to live, work, and study in the United States without fear of deportation.

Overall, the recent updates regarding DACA status for recipients in Illinois have been positive, with the program being fully reinstated by the Biden administration, providing stability and protection for thousands of DACA recipients in the state.