On September 5, 2017, President Trump announced the end of the Deferred Action for Childhood Arrivals program, or DACA, a five –year old executive memorandum that gave certain undocumented immigrants the ability to work, pursue higher education, obtain social security numbers, and be free from the threat of deportation for two year increments.
DACA recipients are part of the population known as “Dreamers,” who were brought to the U.S. by their parents at a young age, and have grown up in this country; many do not even remember their country of origin or speak its language. To obtain Deferred Action and work authorization (an EAD), eligible DACA applicants had to pay filing fees, prove they were in school, had graduated high school or served in the army, pass a criminal background check, and prove their presence in the U.S. prior to June 12, 2007. DACA is slated to end in six months, i.e. March 2018. The Trump Administration states that it is phasing the program out to give Congress a chance to come up with a legislative solution
Any business that employs DACA recipients – including hospitals, construction companies, restaurants, colleges, etc. –may soon lose talented and valuable employees. Here are some key FAQs for employers about the DACA rescission:
What is going to happen to current DACA holders?
Answer: Current DACA recipients can retain the period of deferred action and employment authorization until they expire.
Can an undocumented student apply for DACA for the first time now?
Answer: No new applications will be accepted.
If an employee’s DACA period is expiring soon, can he renew his DACA benefit?
Answer: Anyone whose DACA status is expiring before March 5, 2018, must apply to renew their status and EAD before October 5, 2017. USIS will reject all applications to renew DACA and EADs after October 5, 2017.
What happens when an individual’s DACA benefits expire within the next two years?
Answer: Unless congress legislates a change, someone with expired DACA will be considered to be unlawfully present and will no longer be eligible for lawful employment.
Employers impacted by the elimination of DACA should contact their local Congressional representatives to explain the need for their workers to continue their employment and the impact ending DACA will have on their business and the economy.
For further information, visit uscis.gov/https://www.uscis.gov/archive/consideration-deferred-action-childhood-arrivals-daca or contact Laurie Woog at Mandelbaum Salsburg email@example.com