Complying With Immigration Law Following the DACA Rollback

Employment Law columnists Jeffrey S. Klein and Nicholas J. Pappas write: As employees’ work authorizations begin to expire, employers would be well served by confirming that their policies are in full compliance in regard to verification of their employees’ work authorizations.

On Sept. 5, 2017, Attorney General Jeff Sessions announced that the Trump Administration would cease implementation of Deferred Action for Childhood Arrivals, the federal government program more commonly referred to as DACA. Currently, the legality of the DACA rescission is being litigated in federal district courts across the country.[1] Nevertheless, in the absence of Congressional legislation or a federal court order prior to March 6, 2018, the DACA rollback will go forward and DACA beneficiaries’ work authorizations will begin to expire. Accordingly, employers should prepare for these changes by: (1) reconfirming their Form I-9 practices and procedures to ensure compliance with federal immigration law; and (2) ensuring that their employees are authorized to work in the United States.

By Jeffrey S. Klein and Nicholas J. Pappas for NEW YORK LAW JOURNAL
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