Trump Ends DACA - What Employers Should Know

As has been discussed and anticipated, the Trump administration recently announced their intent to discontinue DACA (Deferred Action for Childhood Arrivals). The key points of the "wind down" strategy are detailed in the update below, provided by Berry Appelman & Leiden. BAL states that employers may be unaware that some employees will be affected, and provides an FAQ document with more information for employers. These changes may also affect employees who are being relocated by their employer, especially international assignees.

UNITED STATES (Sept. 5, 2017) – Trump ends DACA program

After days of speculation, the Trump administration announced today that it is ordering a “wind down” of the Deferred Action for Childhood Arrivals (DACA) program that allowed approximately 800,000 undocumented youth who were brought to the U.S. as children to be temporarily shielded from deportation and work legally in the U.S. The program was introduced in 2012 by executive action by President Barack Obama.

In announcing the end of the program, Attorney General Jeff Sessions said the program was unconstitutional and the Justice Department would not defend it. Ten states had threatened to sue the administration if it did not take action to terminate the program by Sept. 5.

Key points:

• Effective immediately, the program will not accept new applicants.
• Existing DACA benefits will not be terminated immediately, but will lapse once they expire.
• Current DACA recipients whose permits will expire between September 5, 2017 and March 5, 2018 will be allowed to apply for a renewal (valid for two years) if they apply by Oct. 5, 2017.
• Applicants who have pending initial or renewal applications filed before today will have their applications reviewed on a case-by-case basis.

BAL Analysis: With an estimated 800,000 individuals currently benefiting from DACA, many companies may be employing DACA recipients without realizing it. BAL has prepared an analysis of what employers should know about the DACA program and important considerations for employers as the program is being phased out. Read the full analysis, “The End of DACA: What Every U.S. Employer Should Know.”