DREAMers who used fake Social Security numbers are eligible

No need to inform USCIS if you did not have a valid for work Social Security Number:  Obviously there has been a lot of confusion whether DREAMers who have worked illegally using a fake or stolen Social Security number and if it should be reported on question 9 on form I-765.  We now have some guidance from USCIS.  The instructions now say that you should only write the number that was issued to you.  That also seems to imply that this is not a place for writing down your ITIN (even if you have been using it as a SS#).  Of course, the confusion still remains whether SSN that clearly say that they are not valid for employment if used for work are a problem or not but chances are that the agency understands that almost all of the applicants were probably never given work authorization or at least did not have proper authorization at the time of applying for DACA.  One thing is clear:  USCIS does not plan to deny you a work permit and deferral of deportation for two years just because you stole someone's identity or cooked up a number out of thin air or bought a number from a broke.r

Employers who employed immigrants without work authorization are protected from prosecution:  If this new information is read with another clarification from USCIS whether employers who illegally employed applicants who did not proper authorization to work will get into legal trouble if they provide documents to their employees as evidence to prove whatever, also means that the agency is well aware that many undocumented immigrants have been working and breaking the law (providing such documents is evidence of fraud by both employers and employees), USCIS is going to look the other way for the time being.  By seeming to condone this behavior for most employers (apparently it is still a problem for some employers for whom there is evidence of egregious violations of criminal statutes or widespread abuses.) USCIS is clarifying that if you were not convicted of breaking the law related to working without authorization, it does not want to know what you were doing.  In other words, employers who employed a few individuals without proper authorization here and there are are probably safe but those who built their business on the back of undocumented workers may be in trouble.


The conclusion:  My interpretation is that USCIS maybe taking a "Don't Ask Don't Tell" approach to this.  So don't tell us if you worked illegally and we will assume that you did not break any laws, even though we know that you have been working, some employers have been hiring you, and both of you broke the laws.  It could very well be that USCIS is planning to forgive working without proper papers and/or using a fake SS# since DACA does not confer any legal status on applicants but merely defers deportation for two years.   It is not clear if this will be a problem later on when their status maybe legalized through DREAM Act or any other action by Congress.