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.