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DOL response to Rep Jeff Jones letter of July 24, 2020

On Mon, Aug 10, 2020 at 1:20 PM Timothy Mitchell wrote:

Representative Jones:

Your inquiry was forwarded to me for a response. In that regard, please find below in red the responses to your questions.

Please advise if you require additional information.

Tim Mitchell

General Counsel
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DOL response in bold.

(Q) Does the information from GBPI coincide with policy and practice in your office – does your office accept unexpired EADs from DACA recipients as proof of lawful presence?

If the claimant has a valid work permit, appropriate government issued identification and has sufficient wages in the base period, then the claimant will have a valid claim with eligibility to be determined.

(Q) Does your office accept, process and/or qualify UI applications from non-citizens with DACA?

To have a valid claim, all non-citizen claimant must have a valid work permit or appropriate government issued identification

(Q) I am aware that each EAD contains a status code from USCIS. Does your office use that code in inspecting and processing applications from non-citizens?

No

(Q) Please tell me the code or response from the USCIS-operated SAVE verification program to the query from your office when a non-citizen with DACA makes an application for unemployment benefits if DACA status is known or noted during processing. I am aware that other issuing agencies receive a response of “employment authorized” from SAVE when making immigration status queries for DACA recipients.

We do the same as other state agencies