Question: With the recent Executive Order rescinding DACA, do we need to do anything different for our employees who are enrolled in the program?
Answer: Given the recent news headlines around immigration, a lot of employers may wonder which changes, if any, affect them. As stated in the memorandum by the Department of Homeland Security, current Deferred Action for Childhood Arrivals (DACA) recipients will keep their work permits and deferred action grants until they expire. DACA applications and associated applications for Employment Authorization Documents (EADs) that have been accepted or are pending as of September 5, 2017 will be processed. However, new initial DACA requests and associated applications for EADs filed after September 5, 2017 will not be accepted. Lastly, DACA renewal requests and associated applications will not be accepted unless they were pending prior to September 5, 2017.
What employers need to know is that unless Congress provides a legislative remedy, many workers will lose their work authorization over the next two and a half years. You should treat these workers normally and should accept their unexpired work authorization documents as satisfactory evidence of work authorization to complete or re-verify an I-9 form.
For more information, refer to the Department of Homeland Security.