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Multi-Program Administration Requirements

Effect of the Deferred Action for Childhood Arrivals (DACA) on Workforce Programs

Summary
Establish policies and procedures concerning the eligibility of individuals granted residency under the Deferred Action for Childhood Arrivals (DACA) for Workforce Investment Act (WIA) and Wagner-Peyser programs.

Relevant Laws, Rules, or Policies
Workforce Investment Act, as amended
Wagner-Peyser Act, as amended
Chapter 2 of Title II of the Trade Act, as amended
Training and Employment Guidance Letter (TEGL), No 25-04, Participant Eligibility Guidance (April 11, 2005)
Training and Employment Guidance Letter (TEGL), No 02-14, Eligibility of Deferred Action for Childhood Arrivals Participants

Effective Date
7/14/2014

Last Updated
10/3/2014

Contact
Annie Welch, Annie.Welch@state.mn.us
Tel   651.259.7525
Fax  651.215.3842
TTY  651.296.3900

Policy
Action
Local WIA grant recipients must have a procedure to ensure that intensive or training services provided to DACA participants under WIA programs are limited to those DACA participants who have employment authorization.

At a minimum, appropriate employment authorization documentation must include self-attestation. The appropriate method of verification will depend on the requirements and needs of the particular program in which enrollment will take place.

If an individual’s case in deferment (which could last up to two years), providers should default to offering intensive and training services, as this individual is eligible for employment authorization. 

Wagner-Peyser services are available to all DACA participants.

Background
On June 15, 2012, the United States Department of Homeland Security (DHS) announced its DACA process for individuals who came to this country as children and met the following guidelines:

  • Were under the age of 31 as of June 15, 2012;

  • Came to the United States before reaching their 16th birthday;

  • Have continuously resided in this country since June 15, 2007, up to the present time;

  • Were physically present in the United States on June 15, 2012, and at the time of making their request for consideration of deferred action with U.S. Citizenship and Immigration Services (USCIS);

  • Entered without inspection before June 15, 2012, or their lawful immigration status expired as of June 15, 2012;

  • Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or other equivalent State-authorized exam in the United States, or are an honorably discharged veteran of the Coast Guard or the Armed Forces;

  • Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

Individuals with DACA employment authorization fall under WIA Section 188, which contains specific nondiscrimination provisions that provide for WIA program participation for citizens and nationals of the United States, lawfully admitted permanent resident aliens, refugees, asylees, and parolees, and other immigrants authorized by the U.S. Attorney General to work in this country.

Question:

What is the exact documentation we would need to prove an individual's right to work, and isn't that difficult to obtain if there are proceedings to remove that individual from the United States?

Answer:

The document is an Employment Authorization Document, which the individual should still have regardless of these proceedings.  


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