What Unions Need to Know to Support Members with DACA

What is DACA?

Many unions have members with Deferred Action for Childhood Arrivals (DACA). Created in 2012, DACA is a form of immigration relief for people who came to the U.S. as children and who meet a number of other eligibility criteria. With DACA, they receive work authorization for two years at a time, as well as have protection from deportation. While there have been a number of threats to the DACA program, and the program is not currently open to new applicants, there are still about half a million people who have DACA, and who can seek to renew it every two years.

Why are some DACA members losing their work authorization and what can unions do about it?

While the DACA program still exists, the Trump administration has delayed processing many DACA renewal applications (more info on the delays here). This has caused a number of people with DACA to have their work authorization lapse. While there are a number of organizations tracking the delays and exploring litigation, there is not currently an easy way to force the issuance of the renewals. However, there are things that unions can do if a member is facing one of these delays:

• SEND A LETTER TO THE EMPLOYER – This is a draft letter that unions can adapt and send to employers of DACA members if the member is losing their work authorization. It demands bargaining and that the employer grant an unpaid leave of absence rather than termination.
• ENGAGE WITH CONGRESSIONAL REPS – Some unions have had success in engaging their congressional representatives on these delays. Congressional representatives have constituent services staff that will inquire with DHS about delays, but engaging with any staff members you know to highlight the importance of the situation can also be helpful. In addition, unions can ask employers to do congressional engagement on behalf of affected members.
• ASSIST WITH SCREENING FOR OTHER PATHS – If your DACA members have not had a recent immigration consultation/screening to determine whether there are any other possible paths for them to secure work authorization, they may want to do so. Some unions have legal service options for their members in partnership with other organizations. There are also pro bono organizations that will conduct such screenings, though usually the individual needs to meet income eligibility. The Cornell Path2Papers clinic does consultations for both employees with DACA and their employers, on work-based visa programs, though currently they are only doing this for those in California. There are also private attorneys who can conduct such screenings for a fee–a directory of immigration attorneys is available through our partner the Asylum Seeker Advocacy Project.

If the AFL-CIO Immigration Team can be helpful in any of the above, please email us at frontlinesolidarity@aflcio.org. We also are tracking delays and effective responses, so we appreciate you letting us know if your members are experiencing this and what you’re doing to support them.

Are DACA members being detained and deported?

Yes. The Trump administration has taken the position that DACA itself does not bar the government from detaining and seeking to deport DACA recipients. The Trump Board of Immigration Appeals recently joined in, ruling that having active DACA status does not automatically mean that removal proceedings must be terminated – meaning DACA recipients could still be issued removal orders (more here). However, this does not mean that DACA provides no protection – it still provides protection from deportation and DHS must typically revoke that status before taking action against a DACA holder, which includes (in most cases) providing the reasons for the revocation (such as certain criminal convictions). From what we understand, DHS’s compliance with these requirements has been inconsistent. And, so far, we know from DHS responses to oversight letters that the Trump administration has arrested at least 261 people with DACA and deported at least 86 people with DACA. However, many people with DACA have fought back and won in court. If your member with DACA is detained, please reach out to the AFL-CIO Immigration Team at frontlinesolidarity@aflcio.org.

What is happening with DACA in Texas?

On January 17, 2025, a federal court ruled that parts of DACA are not lawful but limited its ruling to Texas (more here). We expect that a district court in Texas will soon issue a decision ending the work authorization aspect of DACA for people who live in Texas, though we will not know the full scope of the decision until it is issued. In the meantime, it is critical that those with DACA in Texas get screening/consultation and also prepare as much as possible for this legal ruling. Dreamers with or without DACA residing in Texas with an Associate’s degree or higher may qualify for a free legal consultation with the Presidents’ Alliance’s Legal Pathways that Work initiative.

What else can we be doing to help our members?

After 14 years of temporary status, working people with DACA expect and deserve permanent protections. At our Constitutional Convention in Minneapolis, the AFL-CIO resoundingly reaffirmed our commitment to win a broad and swift pathway to citizenship for everyone whose labor helps our country to prosper. Make sure your members of Congress know that your union supports citizenship for all and expects Congress to take long overdue action to ensure full and lasting rights for valued members of our workforce and our communities by supporting the Renewing Immigration Provisions of the Immigration Act of 1929 (S.2468, H.R.4696).

To ask questions or report issues related to DACA members please reach out to frontlinesolidarity@aflcio.org.

To request Know Your Rights cards, available in 32 languages, complete this form.