What State-Level Rights And Privileges Do DACA Recipients Have in New York?

In New York, DACA recipients have access to a range of state-level rights and privileges, including:

• The right to obtain a driver’s license or state ID
• The right to apply for in-state tuition and state financial aid for college
• Access to affordable health care through the state’s Basic Health Program
• The right to work legally in the state
• The right to obtain a professional license
• Protections against discrimination in education, housing, and the workplace.

Are DACA Recipients Eligible For In-State Tuition Rates At State Colleges And Universities in New York?

Yes, DACA recipients are eligible for in-state tuition rates at state colleges and universities in New York. The New York State Education Department has stated that individuals who meet the requirements set out in the New York State Dream Act are eligible for in-state tuition rates.

Can DACA Recipients Obtain A Driver’s License Or State Id In Their State Of Residence in New York?

Yes, DACA recipients may obtain a driver’s license or state ID in their state of residence in New York. However, they must also provide proof of identity, such as a passport, birth certificate, or other approved documents.

Are There Any State-Funded Financial Aid Or Scholarship Programs Available To DACA Recipients For Higher Education in New York?

Yes, there are several state-funded financial aid and scholarship programs available to DACA recipients for higher education in New York. The New York State Tuition Assistance Program (TAP) provides financial assistance to eligible students attending eligible post-secondary institutions within the State of New York. The Excelsior Scholarship Program provides tuition assistance for students attending eligible public colleges and universities within New York. The Dream.US Scholarship Program provides up to $25,000 in college scholarships for Dreamers who are accepted to partner colleges. The City University of New York also offers special tuition waivers and scholarships for DACA recipients. Additionally, there are numerous private scholarships available to those who qualify.

Do DACA Recipients Have Access To Emergency Healthcare Services In Their State Of Residence in New York?

Yes. New York State has recognized DACA recipients as qualified aliens eligible for state-funded Medicaid and CHIP. DACA recipients may enroll in Medicaid and CHIP programs and receive the same services available to other federally eligible aliens in their state of residence. Access to emergency healthcare services is not restricted based on immigration status.

Are There Any State-Specific Employment Rights Or Protections For DACA Recipients in New York?

Yes, in New York, DACA recipients are protected by the protections of the New York Human Rights Law (NYHRL). The NYHRL prohibits employers from discriminating against employees based on their citizenship or immigration status. Furthermore, the NYHRL also specifically protects individuals who are DACA recipients from discrimination in hiring, firing, and other employment decisions. Additionally, employers are prohibited from requesting a DACA recipient to provide additional documentation beyond what is legally required for all employees. Lastly, employers are prohibited from retaliating against DACA recipients who exercise their rights under the NYHRL.

Can DACA Recipients Access Public Transportation Services In Their State Of Residence in New York?

Yes, DACA recipients can access public transportation services in New York. The New York State Department of Transportation (NYSDOT) has made it clear that all individuals, regardless of their immigration status, can access public transportation in the state. In addition, the Metropolitan Transportation Authority (MTA), which is the agency responsible for providing public transportation services to individuals in New York City, also states that all individuals are eligible to use its services, regardless of their immigration status.

Do State Laws Provide Any Protection Against Discrimination Or Harassment Of DACA Recipients in New York?

Yes, state laws provide protection against discrimination or harassment of DACA recipients in New York. The New York Human Rights Law provides for a broad range of protections, including protections against discrimination and harassment based on immigration status. The New York State Division of Human Rights is responsible for enforcing the New York Human Rights Law, and can investigate complaints of discrimination or harassment of DACA recipients in the state. Additionally, the New York State Education Department has established guidelines to ensure that all public schools are free from discrimination or harassment based on immigration status.

Can DACA Recipients Access Legal Representation Or Assistance For Immigration Matters At The State Level in New York?

Yes, DACA recipients in New York can access legal representation or assistance for immigration matters at the state level. There are a number of free or low-cost legal services organizations in New York State that provide assistance to immigrants with their immigration matters, including DACA recipients. An example of one such organization is the New York Immigration Coalition, which provides legal services to low-income immigrants in the state. Additionally, some local organizations, such as the Immigrant Defense Project, provide free or low-cost legal assistance specifically to DACA recipients.

Are There Any State-Level Executive Orders Or Policies That Protect The Rights Of DACA Recipients in New York?

Yes. In 2016, New York Governor Andrew Cuomo issued an Executive Order granting DACA recipients broad protections, including access to state-funded college financial aid, driver’s licenses, and professional and business licenses. In 2019, the New York State Legislature passed a bill to codify the protections established by the 2016 Executive Order into law. Additionally, in June of 2020, the New York State Legislature passed a new bill that expanded access to state-funded college financial aid and health insurance to all DACA recipients in New York, regardless of their immigration status.

Can DACA Recipients Purchase Or Rent Property, Such As Homes Or Apartments, In Their State Of Residence in New York?

Yes, DACA recipients can purchase or rent property, such as homes or apartments, in their state of residence in New York. There is no restriction on the purchase or rental of real estate by DACA recipients in New York. In fact, DACA recipients have the same rights as other individuals when it comes to purchasing or renting property, such as being able to obtain a mortgage loan and signing a lease.

Are There Restrictions On Travel Within The State Or To Other States For DACA Recipients in New York?

Yes, there are restrictions on travel within New York and to other states for DACA recipients in New York. DACA recipients may only travel within the United States borders for specific purposes, such as education, work, or to visit immediate family members. Any travel outside of the U.S. requires advance parole, which must be approved by U.S. Citizenship and Immigration Services (USCIS). Additionally, foreign travel is generally discouraged by USCIS and may lead to a denial of DACA renewal or other immigration benefits.

What Is The Process For Starting A Business Or Obtaining A Business License As A DACA Recipient In Their State Of Residence in New York?

1. Determine the business structure and contact the NYS Taxation and Finance Dept. to obtain the appropriate forms and information for the business.

2. Complete and file the forms with the NYS Taxation and Finance Dept. to register your business, obtain a federal tax ID number, and pay any applicable taxes.

3. Contact the NYS Department of State to obtain the necessary licenses or permits for your specific business. This may include registering for a Certificate of Authority, LLC Certificate of Publication, or a Doing Business As (DBA) registration, depending on your chosen business structure.

4. Contact the city or county government where you plan to operate your business to determine local licensing requirements, such as a business license or zoning permit, and to apply for them if necessary.

5. Obtain a DACA work permit from U.S. Citizenship and Immigration Services (USCIS). Note that not all types of businesses are eligible for DACA work permits; make sure that your business meets the requirements before applying.

6. Contact the Internal Revenue Service (IRS) to obtain an Employer Identification Number (EIN). This nine-digit number is used to identify your business for tax purposes.

7. Open a business bank account in your name using your EIN and other necessary documents such as your DACA work permit or the original articles of incorporation for your business entity.

8. Set up any necessary accounts with vendors who will be providing supplies or services to your business.

Do State Laws Address The Eligibility Of DACA Recipients For Public Housing Or Rent Assistance Programs in New York?

Yes, state laws in New York do address the eligibility of DACA recipients for public housing or rent assistance programs. The New York State Division of Housing and Community Renewal (DHCR) has issued guidance stating that DACA recipients are eligible to receive public housing and rent assistance programs. The guidance also states that DACA recipients can use Social Security Numbers (SSNs) issued by the US Citizenship and Immigration Services (USCIS) for certain public housing and rent assistance programs. In addition, the New York City Housing Authority has issued guidance affirming that DACA recipients are eligible for public housing programs in the city.

What Are The Voting Rights And Political Participation Options For DACA Recipients In The United States in New York?

At the federal level, DACA recipients are not eligible to vote in US elections. However, in the state of New York, DACA recipients can participate in political life and are eligible to vote in state and local elections. They can register to vote and become members of political parties. In addition, DACA recipients can work as poll workers or volunteers for political campaigns, run for office, join political advocacy organizations, and get involved in policymaking.

Can DACA Recipients Access State-Funded Language And Educational Programs, Such As English As A Second Language (Esl) Classes in New York?

Yes, DACA recipients are eligible to access state-funded language and educational programs, including English as a Second Language (ESL) classes in New York. According to the New York State Education Department, all students who are “lawfully present” in the U.S. are entitled to the same benefits and services as U.S. citizens. This includes access to ESL classes and other educational programs.

Are There Any State-Level Protections For DACA Recipients Against Workplace Discrimination Or Exploitation in New York?

Yes. New York has several laws that protect undocumented workers, including DACA recipients. All employers in New York are required to abide by the state’s anti-discrimination laws, which prohibit discrimination based on race, color, national origin, religion, age, gender, sexual orientation, marital status, disability, lawful source of income, military status, or domestic violence victim status. The New York State Human Rights Law also prohibits employers from retaliating against workers for engaging in protected activities such as filing a complaint with the state. Additionally, the New York Labor Law protects workers from unfair labor practices and exploitation by employers. The law requires employers to pay workers minimum wage and overtime pay and prohibits them from retaliating against workers who report labor violations. Finally, the New York Worker Adjustment and Retraining Notification Act forbids employers from terminating workers without advance written notice.

How Can DACA Recipients Access Affordable Healthcare Or Insurance Options At The State Level in New York?

DACA recipients in New York may be eligible for a wide range of affordable health care and insurance options at the state level. These include Medicaid, the Essential Plan, and Child Health Plus. Individuals may also be eligible for the New York State of Health Marketplace, which provides low-cost health insurance plans with access to a variety of services. Beyond state-level options, DACA recipients may be eligible for certain private health insurance plans, depending on their income level and other factors. Finally, some nonprofit organizations, like Make the Road New York, offer free or low-cost health care services to individuals regardless of their immigration status.

Do State Laws Provide Any Guidance On The Renewal Process For DACA Status For Recipients Residing In The State in New York?

Yes, New York State law provides guidance regarding the renewal process for DACA status for recipients residing in the state, as outlined in the state’s Dream Act. Specifically, the Dream Act provides guidance on how to renew DACA status, including providing information on how to renew an application and how to pay the applicable fees. Additionally, the Dream Act also outlines what documents are necessary for a successful DACA renewal application in New York State.

Where Can DACA Recipients Find Resources And Support To Navigate Their State Rights And Privileges In The United States in New York?

DACA recipients in New York can find resources and support to help them navigate their state rights and privileges from the New York Immigration Coalition (NYIC). The NYIC provides free immigration legal services, legal assistance, policy advocacy, and other support services for immigrant communities throughout the state. Moreover, the NYIC has established an Immigrant Rights Hotline (1-800-566-7636) to help immigrants with questions regarding their immigration status and other related issues. Additionally, various non-profit organizations throughout New York offer comprehensive assistance and resources to DACA recipients, such as the Latin American Legal Defense and Education Fund (LALDEF), which offers legal advice and representation to those in need.