On September 5, 2017 DHS rescinded the June 15, 2012 memorandum issued by President Obama which established the “DACA” program. The “DACA” rescission requires individuals that are seeking an extension of their status to file on or before October 5, 2017 in order to extend their employment authorization and “DACA” status. The government will reject all applications to renew DACA that are filed after this date.
In light of the DACA rescission, employers should continue with their standard I-9 compliance protocols. Employers should not focus their attention merely on employees who possess an employment authorization document that was issued pursuant to DACA. Doing so could result in a discrimination lawsuit against the employer by the affected employee. Employers may wish to generally remind their employee population as a whole of the impending deadline. Employers may also look to implement a 60 or 90 day notice period for those requiring I-9 re-verification to provide employees with ample time to gather and present other List A, B, or C documents for re-verification purposes.
On September 14, 2017 President Trump announced that the he along with the Democratic minority leadership were working on legislation that would provide protection to “Dreamers.” The President stated in part, “We agreed to a plan to protect our nation’s Dreamers from deportation,” adding that there would be a “border security measure that does not include a wall” included in immigration legislation. It is hoped that an agreement is reached on this legislation in the coming days.