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The End of DACA and its Effect on California Employers
Sep 5, 2017

The End of DACA and its Effect on California Employers

Topics: Immigration

This morning, the Trump administration announced the end of Deferred Action for Childhood Arrivals (“DACA”), the Obama Administration’s immigration program designed to shield undocumented immigrants brought to the United States as children from deportation.  DACA gave roughly 800,000 people an Employment Authorization Document (a/k/a EAD card) or the right to work in the United States. 

Unlike a Permanent Resident Card (a/k/a Green Card), DACA’s Employment Authorization Document is a temporary right to work.  The employee’s right to work in the United States is tied to the expiration of the card.  Unless Congress acts, DACA recipients will lose the right to work in the United States when the card expires. 

Employers should examine their I-9 forms and look for employees that presented an Employment Authorization Document.  Employers should calendar the expiration date of the Employment Authorization Document and seek to revalidate the I-9 documents as the card expiration date draws near.  Employers should only track the expiration of Employment Authorization Documents, and should not seek to revalidate the I-9 documents for U.S. citizens, Green Card holders, asylee, or refugees.  Holders of Employment Authorization Documents who do not revalidate their I-9 documents should be terminated the day after the card expires.

About CDF

For over 25 years, CDF has distinguished itself as one of the top employment, labor and immigration firms in California, representing employers in single-plaintiff and class action lawsuits and advising employers on related legal compliance and risk avoidance. We cover the state, with five locations from Sacramento to San Diego.

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About the Editor

Robin Largent has a regular presence in California state and federal courts and has been lead defense counsel and appellate counsel for large and small California employers in litigation (and arbitration) ranging from individual discrimination and harassment claims to complex wage and hour representative and class actions. She also leads the firm’s appellate practice, having substantial experience and success handling appeals, writ petitions, and amicus briefs in both state and federal court on issues such as class certification (particularly in the wage and hour arena), manageability and due process concerns associated with class action trials, exempt/non-exempt misclassification issues, meal and rest break compliance, trade secret/unfair competition matters, and the scope of federal court jurisdiction under the Class Action Fairness Act.
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