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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 in Chief

Sacramento Office Managing Partner and Chair of CDF’s Traditional Labor Law Practice Group. Mark has been practicing labor and employment law in California for thirty years. His practice has a special emphasis on the representation of California employers in union-management relations and handling federal and state court litigation and administrative matters triggered by all types of employment-related disputes. He is also adept at providing creative and practical legal advice to help minimize the risks inherent in employing workers in California. He recently named “Sacramento Lawyer of the Year” in Employment Law-Management for 2021 by Best Lawyers®.
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