HR Magazine quoted Haynes and Boone, LLP Counsel Luis Campos in a three-part series of articles examining the administration’s decision to end the federal Deferred Action for Childhood Arrivals program.
The stories discussed tech industry support for DACA and the young, undocumented immigrants who have been able to stay in the United States through the program, working and going to school; employers’ options for helping their workers who are “Dreamers” covered by DACA; and the program’s uncertain future.
As HR Magazine reported, Attorney General Jeff Sessions announced on Sept. 5 that DACA would end March 5, 2018. The program launched in 2012 through an executive order from then-President Barack Obama, giving young undocumented residents who had been brought to the United States as children the chance to apply for renewable two-year protection from deportation and to seek work permits.
Those who qualified under the program will face deportation unless Congress acts to adopt some form of the program by federal statute.
HR Magazine reported that employers have few options for assisting workers covered by DACA, although the Department of Homeland Security plans to extend authorization for immigrants with existing DACA protection. Those whose two-year period expires before March 5 must file for reauthorization by Oct. 5, 2017.
Campos, a member of Haynes and Boone’s Labor and Employment Practice Group, told the magazine that it would be beneficial for employers to give a general reminder about the Oct. 5 deadline in an apolitical way, such as by posting a notice on a bulletin board, though he added that most DACA recipients are aware of the deadlines.
President Donald Trump has said he would revisit the issue if Congress doesn’t act on DACA, and Trump reportedly has discussed a resolution with Democratic leaders in Congress. But it’s unclear what direction legislation will take, HR Magazine reported, noting that Campos said the wheels are already in motion for administratively rescinding the DACA program.
It will be difficult politically for the president to reverse course without Congress acting, he said.
Excerpted from HR Magazine. To read the full series of articles, click here, here and here.