Monday HR Minute: The DACA Rescission

Monday HR Minute: The DACA Rescission

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The DACA Rescission

In light of the United States Citizenship and Immigration Services’ (USCIS) rescission of the Deferred Action for Childhood Arrivals (DACA) program, many employers are asking what they need to do.

For now, the short answer is, nothing changes in how you verify an employee’s identity and eligibility to work in the United States (via the I-9 process). You are still required to complete this process within the first three days of employment. And, should an employee present temporary work authorization as part of that process, you are still required to obtain new work authorization documentation when the current authorization expires. (Note that only temporary work authorizations must be reverified upon expiration. All other documents that have expiration dates – passports, driver’s licenses, etc. – do not have to be reverified when they expire.)

Upon expiration of an employee’s temporary work authorization documentation, if the employee is unable to provide updated documentation showing their work authorization has been extended, they are no longer able to be legally employed in the US. This is true for all those with temporary work authorizations, not just DACA participants. So, while the pending phaseout of DACA may, over the course of the next few years, result in a higher number of individuals who are unable to renew their work authorizations, the process employers must follow to verify employment eligibility is not impacted by DACA, and employers should not do anything to try to identify and single out DACA participants.

The process of completing I-9 forms is by far one of the most important legal requirements all employers have. If you have any questions about this process, please contact us at 877-660-6400 or contact@affinityhrgroup.com.

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Leslie O’Bryan, ERPA
Chief Operating Officer |
Benefits Administrators

And Affinity can ensure your HR practices & policies are compliant and costs a fraction of the price of other national providers, such as Paychex & ADP.

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Managing Partner | Affineco

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The Monday HR Minute, brought to you by Affinity HR Group, is designed to provide you with practical, applicable human resources and management advice and information in a format that will take you 60 seconds or less to read. We believe that by dedicating just one minute a week to thinking about people management practices, business owners and managers can make enormous strides in improving workplace performance.

Affinity HR Group is a full service human resources consulting firm that specializes in advising small and medium-sized enterprises. Our services include recruiting and selection, HR policies and compliance, ad hoc HR support, compensation and performance management, and training and development. We are an endorsed HR partner of a number of leading national trade associations and offer free initial consultations and discounted services to their member companies.
Email us at contact@affinityhrgroup.com or call 877-660-6400.

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This e-mail may contain general information about legal matters. Affinity HR Group does not provide legal counsel. The information provided should not be considered legal advice and should not be relied on as an alternative to legal advice from your attorney or other professional legal services provider. If you have any specific questions about this content or any legal matter you should consult your attorney or other professional legal services provider.