(a)

1. (1) Unemployment compensation benefits, extended duration benefits, and federal-state extended benefits shall not be payable on the basis of services performed by a person who is not a citizen or national of the United States, unless that person is an individual who was lawfully admitted for permanent residence at the time the services were performed, was lawfully present for purposes of performing the services, or was permanently residing in the United States under color of law at the time the services were performed, including a person who was lawfully present in the United States as a result of the application of the provisions of Section 203(a)(7) or Section 212(d)(5) of the Immigration and Nationality Act.
2. (2) For purposes of paragraph (1), and only to the extent authorized by federal law, a person who (A) is the subject of a notice of decision from the federal government granting deferred action under the federal Deferred Action for Childhood Arrivals program announced by the United States Secretary of Homeland Security on June 15, 2012, and (B) performed the services while in receipt of a valid employment authorization from the federal government, is a person who was lawfully present for purposes of performing those services.

(d) If a person who is not a citizen or national of the United States presents evidence that the Immigration and Naturalization Service has granted the person employment authorization as a result of an application for temporary residence status under the federal Immigration Reform and Control Act of 1986 (Public Law 99-603), pending a final determination on this application the department shall not do either of the following:

1. (1) Commence or continue to pursue any administrative or judicial action to collect benefits where there has been a final determination that these benefits have been overpaid or chargeable to the person, because of the person’s immigration status at the time they performed the services compensated by their base period wages.
2. (2) Determine that the person was overpaid benefits in the current benefit year or in any prior benefit year, if the basis for the determination is the assumption that because the person is an applicant for temporary resident status they were not, while performing the services compensated by base period wages, lawfully admitted for permanent residence, lawfully present for purposes of performing the services that were compensated by their base period wages, or permanently residing in the United States under color of law.

(f) Nothing in subdivision (d) shall be construed to require the department to do any of the following:

1. (1) Repay any amounts collected under any present or past action as described in paragraph (1) of subdivision (d).
2. (2) Redetermine the eligibility for unemployment compensation benefits of any person who the department originally determined to be ineligible because of the person’s federal immigration status at the time they performed the services compensated by their base period wages and with respect to whom the determination has become final.
3. (3) Apply subdivision (d) or (e) retroactively.