Can DACA recipients get unemployment benefits through NYS Department of Labor?
I've been working in New York for 3 years with my DACA work authorization and just got laid off from my warehouse job. My supervisor mentioned I could file for unemployment but I'm not sure if DACA recipients are eligible for NYS Department of Labor benefits. I have a valid Social Security number and have been paying into the system. Has anyone with DACA status successfully received unemployment in NY? I'm worried about applying if it might cause issues with my immigration status.
21 comments


Fatima Al-Suwaidi
Yes, DACA recipients can absolutely receive unemployment benefits in New York! As long as you have work authorization and a valid SSN, you're eligible. The NYS Department of Labor doesn't ask about immigration status - they only care that you were authorized to work and lost your job through no fault of your own. I helped my cousin apply last year and she had no problems.
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NebulaNinja
•That's such a relief to hear! Do I need to provide any special documentation about my DACA status when filing?
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Anna Kerber
Yes, DACA recipients are eligible for unemployment benefits in New York! Since you're authorized to work and have been paying UI taxes, you should definitely apply. You'll need your employment authorization document and Social Security number when you file your claim through the my.ny.gov portal. The key requirement is that you must be able and available to work, which you clearly are with your work authorization.
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Roger Romero
•Thank you so much! That's a huge relief. I was so stressed about this. Should I file online or is there a better way to apply?
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Niko Ramsey
I had the same question when I got furloughed last year. Filed online through my.ny.gov and had no issues with my DACA status. Just make sure you have all your employment history ready - they'll ask for your last 18 months of work. The process was pretty straightforward, took about 2 weeks to get my first payment.
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Roger Romero
•Did they ask for any extra documentation because of DACA or was it the same as everyone else?
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Niko Ramsey
•Same as everyone else. They just needed my SSN and employment info. Never specifically asked about immigration status during the application.
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Dylan Mitchell
You just need your SSN and employment history like anyone else. The NYS Department of Labor system treats you the same as any other worker who paid into unemployment insurance. Make sure you file your weekly claims on time and meet the job search requirements. Don't overthink it - you earned these benefits by working and paying taxes.
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Sofia Morales
•This is correct. I work in HR and we've had several DACA employees successfully collect UI benefits after layoffs.
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Dmitry Popov
Wait I'm confused - I thought you had to be a citizen? My friend said something about needing permanent residency for government benefits.
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Fatima Al-Suwaidi
•Your friend is mixing up different benefit programs. Unemployment insurance is different from welfare programs. If you worked legally and paid into the system, you can collect UI regardless of citizenship status.
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Seraphina Delan
wait really?? i thought you had to be a citizen or something. this is good to know because my sister has daca and lost her job too
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Ava Garcia
I was in the same boat last year and had trouble getting through to the NYS Department of Labor to ask questions about my DACA status. After weeks of busy signals, I found this service called Claimyr (claimyr.com) that helped me get connected to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. The agent confirmed I was eligible and helped me understand the process better.
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NebulaNinja
•How does that service work exactly? I'm having the same problem getting through to anyone at NYS Department of Labor.
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Ava Garcia
•It basically calls for you and gets you connected to a real person instead of sitting on hold forever. Way less stressful than trying to call yourself.
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Anna Kerber
If you run into any issues reaching NYS Department of Labor by phone to ask questions, I'd recommend checking out claimyr.com - they help people get through to unemployment agents when the phone lines are jammed. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really helpful when you need to talk to someone about your specific situation.
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StarSailor}
Just apply online at my.ny.gov like everyone else. The system will tell you if there are any issues. Don't overthink it - worst case they say no and you're in the same position you're in now.
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Jabari-Jo
This is actually really important information! I work at a community organization and we get this question ALL the time. DACA recipients who are work-authorized absolutely qualify for unemployment benefits in NY. The state doesn't discriminate based on immigration status for UI benefits as long as you're legally allowed to work and have been paying into the system.
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Kristin Frank
Just wanted to add - make sure you keep your work authorization current while collecting benefits. If your DACA expires during your claim period, it could complicate things. But as long as you maintain work authorization, you're good to go.
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Roger Romero
•Good point! Mine doesn't expire until next year so I should be fine. Thanks for thinking of that though.
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Alicia Stern
Don't let fear stop you from applying! I was in your exact situation two years ago - DACA recipient, warehouse job, laid off. I was terrified to apply thinking it might jeopardize my status somehow. But I talked to an immigration lawyer who confirmed that unemployment benefits are completely separate from immigration matters. It's an earned benefit based on your work history and tax contributions. I applied through my.ny.gov and received benefits for several months while job searching. Zero impact on my DACA renewal process. You've paid into the system - you deserve these benefits!
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