DACA participants in WIA and Wagner-Peyser programs

CLASSIFICATION
  EMPLOYMENT AND TRAINING ADMINISTRATION                  OWI
              ADVISORY SYSTEM                             CORRESPONDENCE SYMBOL
         U.S. DEPARTMENT OF LABOR                         WIA
            Washington, D.C. 20210                        DATE
                                                                  July 14, 2014

ADVISORY:        TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 02-14

TO:              AMERICAN JOB CENTERS
                 STATE WORKFORCE AGENCIES
                 STATE WORKFORCE ADMINISTRATORS
                 STATE WORKFORCE LIAISONS
                 STATE AND LOCAL WORKFORCE BOARD CHAIRS AND DIRECTORS
                 ALL WIA GRANT RECIPIENTS

FROM:            PORTIA WU /s/
                 Assistant Secretary

SUBJECT:         Eligibility of Deferred Action for Childhood Arrivals Participants for
                 Workforce Investment Act and Wagner-Peyser Act Programs

1. Purpose. The purpose of this Training and Employment Guidance Letter (TEGL) is to
   provide guidance to states and grantees concerning the eligibility of individuals granted relief
   under the Deferred Action for Childhood Arrivals (DACA) Initiative (DACA participants)
   with employment authorization documents (employment authorization) for program
   eligibility for Workforce Investment Act (WIA) programs and Wagner-Peyser Act programs.

2. References.
   • Title I, WIA, as amended (29 U.S.C. 2801 et seq.);
   • The Wagner-Peyser Act, as amended (29 U.S.C. 49 et seq.);
   • Chapter 2 of Title II of the Trade Act of 1974, as amended (Pub. L. 93-618) (1974 Act
      and, as amended, Trade Act); and
   • Training and Employment Guidance Letter (TEGL) No. 25-04, Participant Eligibility
      Guidance (April 11, 2005).

3. Background. On June 15, 2012, Department of Homeland Security (DHS) announced its
   “Deferred Action for Childhood Arrivals” (DACA) process for individuals who came to the
   United States as children and meet the following key 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 the United States 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);

 RESCISSIONS                                               EXPIRATION DATE
 None                                                      Continuing

       •   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 Armed Forces of the United States; and
       •   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.

    The DACA process may result in a 2-year period of “deferred action,” or relief from
    removal from the country or from entering into removal proceedings, subject to renewal, and
    issuance of employment authorization for the period of deferred action. Under existing
    regulations, an individual whose case has been deferred is eligible to receive employment
    authorization for the period of deferred action, provided he or she can demonstrate “an
    economic necessity for employment.”

    Section 188 of WIA contains a specific nondiscrimination provision that provides that
    participation in WIA is available to citizens and nationals of the United States, lawfully
    admitted permanent resident aliens, refugees, asylees, and parolees, and other immigrants
    authorized by the Attorney General to work in the United States. Individuals with
    employment authorization qualify under this provision as “immigrants authorized by the
    Attorney General to work in the United States.” Therefore, DACA participants with
    employment authorization may access any WIA services for which they otherwise would
    qualify.

4. Workforce Investment Act Programs. This TEGL applies to all programs authorized
   under WIA, including: Adult, Dislocated Worker, and Youth formula programs; National
   Emergency Grants; Section 166 Indian and Native American Program; Section 167 National
   Farmworker Jobs Program; Reintegration of Ex-Offender Program; YouthBuild; and Job
   Corps.

   State Workforce Agencies and WIA grant recipients must have policies and procedures in
   place to ensure that the intensive or training services provided to DACA participants under
   WIA programs are limited to those DACA participants who have employment authorization.
   Appropriate documentation of employment authorization must include self-attestation at a
   minimum. The appropriate method of verifying an applicant’s employment authorization
   will depend upon the requirements and needs of the particular program, including, but not
   limited to the:
   • nature of the benefits to be provided;
   • need for benefits to be provided on an expedited basis;
   • length of time during which benefits will be provided;
   • cost of providing the benefits;
   • length of time it will take to verify based on a particular method; and
   • cost of a particular method of verification.


   For example, it would be impractical and administratively burdensome to require individuals
   seeking self-services to be screened for employment authorization as doing so would require
   a greater investment of resources than likely cost savings. In contrast, a higher level of
   verification may be appropriate for the longer and more costly services such as training.

5. Job Corps. Section 188’s nondiscrimination provision applies to the Job Corps program,
   which is authorized under title I-C of WIA. As a result, DACA participants who meet
   program eligibility requirements qualify for Job Corps if they have employment
   authorization. ETA will separately issue a Job Corps Policy and Requirements Handbook
   change notice with further instructions for operators of Job Corps programs.

6. National Farmworker Jobs Program. TEGL No. 25-04 describes eligibility determination
   requirements for the WIA National Farmworker Jobs Program (NFJP). As indicated in that
   TEGL, NFJP grantees are required to have an eligibility determination system that enables
   the generation of a record supporting eligibility determinations and enrollment decisions.
   Under that longstanding guidance, the Department expects NFJP grantees to obtain source
   documentation that verifies the information provided by applicants for eligibility elements,
   including employment authorization. That TEGL also provides that, for NFJP, self-
   certification alone cannot be used for employment authorization, and employment
   authorization must be verified with documentation. NFJP grantees must continue to ensure
   that their eligibility determination procedures for all applicants, including DACA
   participants, with employment authorization are consistent with the requirements in TEGL
   No. 25-04.

7. Wagner-Peyser Act. The Wagner-Peyser Act provides employment services to help
   individuals find meaningful employment and to help employers find the skilled workers that
   they need. While Wagner-Peyser Act services are not authorized by WIA, they are often
   delivered alongside WIA services by American Job Centers. Wagner-Peyser Act services are
   available to all DACA participants.

8. Resources. DOL is sharing the DACA resources below to provide accurate information to
   people who may be eligible to apply for DACA.

   •   DACA information and resource are available in English
       www.uscis.gov/childhoodarrivals and Spanish www.uscis.gov/acciondiferida.

   •   Information on how to avoid immigration scams are in English
       www.uscis.gov/avoidscams and Spanish www.uscis.gov/eviteestafas.

   •   “How Do I” guides, including How Do I Request Consideration of Deferred Action for
       Childhood Arrivals (DACA), are located at www.uscis.gov/howdoi.

9. Action Requested. Recipients of this guidance are required to share the TEGL with all
   appropriate State Workforce Agency, American Job Center, and WIA grantee staff.
   Recipients are also encouraged to post the resources listed above.


10. Inquiries. Additional information on DACA is available from DHS and USCIS at
    www.dhs.gov/deferred-action-childhood-arrivals and www.uscis.gov/childhoodarrivals.
    Please direct questions regarding this guidance to the appropriate ETA Regional Office.