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Hiring Undocumented Students

According to the Department of Justice’s Deferred Action for Childhood Arrivals (DACA), recipients with unexpired Employer Authorization Documents (EADs) are authorized to work. Recipients have no legal requirement to inform their employers that they have DACA. 

There are currently over 650,000 undocumented immigrants enrolled in DACA (Deferred Action for Childhood Arrivals), which is a program that currently allows undocumented recipients to study and work in the US for renewable periods. Students with DACA status are eligible for work permits that enable them to engage in internships in the U.S. You can learn more about the rules through the National Immigration Law Center and The Dream resources below.

An important thing to note: DACA recipients are not required to disclose their immigration status, only their work authorization status, and if they do disclose to you, remember to keep this information confidential. DACA students face a lot of uncertainty in regard to their ability to stay in the U.S. in the future and stressors related to having family members or friends who are not protected by DACA. As much as possible, offer compassion and flexibility if interns are experiencing stress related to immigration status.