LABOR LAW NEWS
DACA Rescission and its Impact on Your Employees
By Kelsey Basten
Published on September 12, 2017
The United States Citizenship and Immigration Services (USCIS) agency announced Sept. 5, 2017, it’s rescinding the Deferred Action for Childhood Arrivals Program (DACA).
The program, which started in 2012, grants temporary status and work permits to immigrants who came to the U.S. as children without visas.
This decision by the USCIS may impact your employees. Here are the details:
First-time DACA requests
All first-time DACA requests will be rejected from here on. Those who filed previously won’t be impacted.
Current DACA and EAD holders:
Employees who have DACA status and employment authorization documents (EAD) can continue to use them until they expire. As an employer, you do not need to terminate them earlier than their expiration dates.
If Congress decides to extend DACA before the employee’s EAD expires, they can refile for a new work permit and have their I-9 reverified.
DACA and EAD renewals
Employees whose DACA and EAD expire before March 5, 2018, have until Oct. 5, 2017, to refile. After Oct. 5, 2 renewal applications won’t be accepted.
If their DACA and EAD are approved, employees must show their employer the new version before the expiration of their current EAD to continue working.
Employees with EADs that expire March 6, 2017, or later won’t be able to file renewal applications, but their EADs will be valid until the expiration date.
End of DACA
The final deadline of DACA is March 4, 2020, although it will be much sooner for DACA holders.
If employees have an approved advance parole travel document, they can use it. However, they must re-enter the U.S. before the expiration date.
For employees who have pending applications for an advance parole travel document, their requests will be cancelled and the filling fee will be refunded.
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