For recipients of DACA, California provides many benefits and protections so people have what they need in their daily lives. For example, California allows eligible DACA holders to apply for health insurance, access state benefits, work, and request professional licenses. If you want to apply for DACA or you are a current DACA recipient, an attorney can help you understand what your rights are under federal and California law.
Getachew & Ansari Immigration Attorneys, P.C., is a California-based immigration law firm that provides legal services to immigrants in California and across the United States. Our experienced DACA lawyers can assist you with identifying what benefits are available to you if you are part of the DACA program. We can also help you apply for, renew, or defend your lawful status under DACA.
California as a DACA-Friendly State
Since DACA became law in 2012, California has enacted rules to protect and advocate for the immigrant communities.
Historically, California has been steadfast in its commitment to human rights for all people, regardless of whether they are documented or undocumented. Even though federal immigration policies may change, California has a longstanding tradition of trying to make sure everyone has access to basic programs and benefits.
Can Undocumented Immigrants Get Covered California?
Undocumented immigrants may still qualify for California’s statewide insurance marketplace, which is called Covered California. To be eligible, the person would need to prove they are lawfully present or have a waiver, such as through DACA or an employment authorization. You may also be able to apply for insurance coverage even if you do not have the required documentation at that time. The state may give you extra time to submit those after you finish the application.
You can only apply for Covered California insurance during open enrollment or if a life event happens, such as a job loss, divorce, or move. There are some exceptions to these rules. Some states filed lawsuits to try to block these state-funded insurance programs; however, a December 23, 2024, court ruled against them. Unless the law or a new court ruling changes in the future, Californians can still apply for benefits like Covered California insurance if they qualify.
How To Access State Benefits for DACA Recipients
You can access state benefits for DACA recipients by following the procedures created by the agency that manages the benefits. For example, to apply for Covered California for undocumented immigrants, you would need to follow the instructions for your chosen plan on the official Covered California website.
Under the California Dream Act, some college students who are undocumented may get help paying for school if they meet certain conditions. They would apply to the school they would like to attend and, if they are accepted, they would apply for funding under the California Dream Act.
Other programs and benefits may be available to you even if you do not have full legal status, such as a Green Card. If you have questions about what you can access in your situation, it may be a good idea to talk to an attorney. They can assist you in requesting or renewing your protection under the DACA program or other immigration-related services.
Work Opportunities and Professional Licensing in California
Undocumented immigrants may also apply for work and professional licenses in California if they meet the eligibility requirements. Under California state law, in most cases, organizations cannot prevent someone from accessing services just because they are undocumented. However, the person needs to meet the program’s requirements.
For example, undocumented immigrants and DACA recipients may still qualify for a state-issued driver’s license (including the REAL ID). Likewise, California law requires the Department of Consumer Affairs to accept someone’s Individual Taxpayer Identification Number (ITIN) on their application for a professional license. An ITIN can be used instead of a Social Security Number, which someone only gets in limited circumstances, like being a citizen or a Green Card holder.
Impact of State vs. Federal Policy Conflicts
In many situations, the State of California has the ability to allow people within its borders to access different programs, licenses, funding, and other resources, even if the people do not have full citizenship. Generally speaking, California has control over programs that are state-funded and do not involve the federal government. For example, California can allow undocumented college students to get state funding for school, even though these same students may be ineligible for federal funding.
Even if federal policies change, it may still be possible for people within California to receive state benefits that federal law would prevent them from getting. However, immigration laws change frequently, especially when a new administration takes office in the United States.
Because of this, individuals need to consult with a qualified immigration lawyer about their options under current laws.
Contact an Experienced San Jose Immigration Lawyer at Getachew & Ansari Immigration Attorneys, P.C.
If you are a holder of protections under DACA, California may still allow you to qualify for and request benefits. If you do not have DACA status yet, it may be a good idea to apply so you can protect your legal rights. A seasoned lawyer who practices immigration law can help you fill out and submit forms to ask for or renew your DACA status. Working with an immigration lawyer can be beneficial because they can provide you with timely and personalized recommendations.
Getachew & Ansari Immigration Attorneys, P.C., proudly serves the immigrants who are living in the United States. We understand the challenges you may face and questions you may have if you are a DACA holder or undocumented and want to access different benefits in California.
Our law firm was founded by two attorneys who have firsthand, personal experience with the United States immigration system. While Attorney Yemi Getachew passed away in 2022, her legacy lives on through her dedicated and compassionate team, which includes co-founder Attorney Medya Ansari. Reach out to us today by calling 408-292-7995 to schedule a no-obligation consultation to discuss your immigration-related concerns.
