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Galdean Law Firm Blog

Wednesday, September 6, 2017

The End of DACA - Effects on Employers

A day after Labor Day, President Trump's Administration announced the withdrawal of DACA (known as Deferred Action Childhood Arrivals) program.  DACA generally involves supplying undocumented individuals some relief if they arrived in the US before the age of 16 and meet other requirements.  While DACA defers any deportation in specific circumstances, it also permits the recipient to work in the US with a work authorization. 

In the US, an employer is prohibited from employing a person not authorized to work in the US.  The withdrawal ultimately results in the loss of the DACA employee's work authorization. 

While the withdrawal effects nearly 700,000 DACA employees in the US, it also affects their employers.  It is predicted about 30,400 DACA recipients will lose their work authorizations each month under the planned withdrawal. These employees are not only laborers but also supervisors, managers and professionals.  In some cases, employees with DACA work authorization are key employees in a business.

The current unwinding of DACA involves the following timeline:

  • Sept. 5, 2017 is the deadline that the government will accept any initial application for DACA and related request for employment authorization. 
  • Oct. 5, 2017 is the deadline that the government will accept any DACA renewal or employment authorization renewal expiring prior to March 5, 2018.

Unless the above apply, any person with DACA will keep their DACA benefits and employment authorization until either their DACA expires or work authorization expires.

President Trump gave Congress until March 5, 2018 to address DACA and related immigration issues.

The significance of the above means individuals and their families will lose key benefits needed to support and provide for family members.  The DACA recipient will also be subject to deportation.

Employers also should address the loss of employees under DACA.  Currently, employers have 6 months to address the DACA employees’ concerns and begin considering compliance issues related to the employment of DACA employees.

An employer needs to consider: 

  • Reviewing expiration dates on any employment authorizations.
  • Contacting employees with expiring employment authorizations within the next 6 months, so that the employee begins to consider the potential renewal of any authorization.
  • Consider any assistance the employer can supply a DACA employee to secure other available immigration status.   
  • Consider an audit of Form I-9s to address the potential impact from the loss of employees with employment authorizations.
  • Consider supplying employee assistance programs (“EAP”) to employees and their family members dealing with the hardship from the loss of DACA status by the employee or a family member.
  • Contact your US Congressional representative about securing a legislative solution for DACA recipients that also assists businesses.

The effects of DACA winding down are major concerns for DACA recipients but soon employers will be addressing the loss of DACA employees. Addressing the issues now, positions an employer to minimize the impact of DACA ending.   Employers and DACA employees should also seek counsel from an attorney with DACA and employment law experience.  





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| Phone: (316) 252-1232

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