How U.S. Companies Should Prepare for Possible End of the DACA Program
  • After Attorney General Jeff Sessions made a determination that the Deferred Action for Childhood Arrivals (DACA) program was an "unconstitutional exercise of authority by the Executive Branch," the Department of Homeland Security announced that it would stop renewing DACA applications that expire on or after March 6.

    With only a few weeks until the program ends and no clear path for legislative relief for DACA beneficiaries, companies should begin preparing for the increasingly likely outcome that they will need to terminate key employees in the weeks and months ahead.
    We drafted an FAQ that addresses when the program is scheduled to end, what steps companies employing DACA employees should take in the coming weeks and the possibility that Congress might pass DACA legislation. Below are key points from the document, which you can read in full by clicking here.

    What is the DACA program?
    Created by the Obama administration in 2012, DACA allowed undocumented immigrants who came to the United States as children and meet certain eligibility criteria to request a period of deferred action from the government and apply for authorization to work in the U.S. DACA benefits are generally valid for two years from the date of issuance. According to the Migration Policy Institute (MPI), approximately 1.5 million individuals may be eligible for the program and more than 800,000 have received DACA approvals since the program was launched. Though a grant of DACA represents the government's decision not to take action to remove a person from the U.S., it does not impart any legal immigrant or nonimmigrant status. An estimated 700,000 DACA recipients are currently working for U.S. employers.

    Can a company continue to employ a DACA beneficiary during the validity period of his or her current Employment Authorization Document (EAD)?
    Yes.

    Will a DACA beneficiary be subject to removal (deportation) during the validity period of his or her current DACA EAD?
    An individual should not be removed (deported) from the country based solely on his or her DACA status. Note that DACA is discretionary and DHS could terminate a DACA grant and remove (deport) an individual if he or she no longer meets the DACA criteria (e.g., criminal conduct).

    After his or her EAD expires, however, the employee will not have any legal basis for being in the U.S. and would be subject to removal (deportation) at any time.

    Must a company terminate the employment of a DACA beneficiary when his or her EAD expires?
    Yes, unless the individual has secured another lawful basis to work in the U.S. Federal law prohibits employers from employing an alien knowing that he or she is not authorized to work in the U.S., and from continuing to employ an alien in the U.S. knowing the alien is or has become unauthorized. Civil fines for violations range from $539 to $4,313 per unauthorized worker for a first offense. Engaging in a pattern or practice of violations can give rise to criminal liability.
    Beginning March 6th, 2018, it is expected that each day approximately 1,700 DACA beneficiaries will lose work authorization.

    For additional FAQ questions, including travel restrictions on DACA recipients and other ways companies should prepare for the end of the program, click here.
    For continued coverage of the future of the DACA program, subscribe the Berry Appleman & Leiden's newsletter click here.

    This post has been provided by Berry Appleman & Leiden (BAL) Corporate Immigration. For more information please contact: Kristi Paulsen at Relocation Today or Jennifer Fisher at BAL

    About Berry Appleman & Leiden LLP
    Founded in 1980, Berry Appleman & Leiden (BAL) provides comprehensive global immigration services from seventeen offices across the U.S. and Globe. BAL manages global visa matters and customized application approaches for work permits, business visas, and residence permits in more than 100 countries. With a single cost center for worldwide operations, BAL offers centralized management with regional and local support for the complete spectrum of global immigration matters.

    Source: Berry Appleman & Leiden LLP
    Copyright © 2018 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@balglobal.com.

    About Relocation Today: Relocation Today, Inc. has been joyfully developing and serving corporate clients global relocation needs, supporting recruiting efforts & managing summer intern housing programs since 1994.  For more information on services or relocation benefits policy review please contact: Richard Rudeen, Business Development Manager 952.278.0530

How U.S. Companies Should Prepare for Possible End of the DACA Program
  • After Attorney General Jeff Sessions made a determination that the Deferred Action for Childhood Arrivals (DACA) program was an "unconstitutional exercise of authority by the Executive Branch," the Department of Homeland Security announced that it would stop renewing DACA applications that expire on or after March 6.

    With only a few weeks until the program ends and no clear path for legislative relief for DACA beneficiaries, companies should begin preparing for the increasingly likely outcome that they will need to terminate key employees in the weeks and months ahead.
    We drafted an FAQ that addresses when the program is scheduled to end, what steps companies employing DACA employees should take in the coming weeks and the possibility that Congress might pass DACA legislation. Below are key points from the document, which you can read in full by clicking here.

    What is the DACA program?
    Created by the Obama administration in 2012, DACA allowed undocumented immigrants who came to the United States as children and meet certain eligibility criteria to request a period of deferred action from the government and apply for authorization to work in the U.S. DACA benefits are generally valid for two years from the date of issuance. According to the Migration Policy Institute (MPI), approximately 1.5 million individuals may be eligible for the program and more than 800,000 have received DACA approvals since the program was launched. Though a grant of DACA represents the government's decision not to take action to remove a person from the U.S., it does not impart any legal immigrant or nonimmigrant status. An estimated 700,000 DACA recipients are currently working for U.S. employers.

    Can a company continue to employ a DACA beneficiary during the validity period of his or her current Employment Authorization Document (EAD)?
    Yes.

    Will a DACA beneficiary be subject to removal (deportation) during the validity period of his or her current DACA EAD?
    An individual should not be removed (deported) from the country based solely on his or her DACA status. Note that DACA is discretionary and DHS could terminate a DACA grant and remove (deport) an individual if he or she no longer meets the DACA criteria (e.g., criminal conduct).

    After his or her EAD expires, however, the employee will not have any legal basis for being in the U.S. and would be subject to removal (deportation) at any time.

    Must a company terminate the employment of a DACA beneficiary when his or her EAD expires?
    Yes, unless the individual has secured another lawful basis to work in the U.S. Federal law prohibits employers from employing an alien knowing that he or she is not authorized to work in the U.S., and from continuing to employ an alien in the U.S. knowing the alien is or has become unauthorized. Civil fines for violations range from $539 to $4,313 per unauthorized worker for a first offense. Engaging in a pattern or practice of violations can give rise to criminal liability.
    Beginning March 6th, 2018, it is expected that each day approximately 1,700 DACA beneficiaries will lose work authorization.

    For additional FAQ questions, including travel restrictions on DACA recipients and other ways companies should prepare for the end of the program, click here.
    For continued coverage of the future of the DACA program, subscribe the Berry Appleman & Leiden's newsletter click here.

    This post has been provided by Berry Appleman & Leiden (BAL) Corporate Immigration. For more information please contact: Kristi Paulsen at Relocation Today or Jennifer Fisher at BAL

    About Berry Appleman & Leiden LLP
    Founded in 1980, Berry Appleman & Leiden (BAL) provides comprehensive global immigration services from seventeen offices across the U.S. and Globe. BAL manages global visa matters and customized application approaches for work permits, business visas, and residence permits in more than 100 countries. With a single cost center for worldwide operations, BAL offers centralized management with regional and local support for the complete spectrum of global immigration matters.

    Source: Berry Appleman & Leiden LLP
    Copyright © 2018 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@balglobal.com.

    About Relocation Today: Relocation Today, Inc. has been joyfully developing and serving corporate clients global relocation needs, supporting recruiting efforts & managing summer intern housing programs since 1994.  For more information on services or relocation benefits policy review please contact: Richard Rudeen, Business Development Manager 952.278.0530