Employers and DACA

Earlier this week, Attorney General, Jeff Sessions, announced the Trump Administration is ending the Deferred Action for Childhood Arrivals program, or DACA. While not immediate, Sessions explained there is a six month window before DACA would be dismantled. The clock is ticking on the legal status of roughly 800,000 people who came to the US as children with their parents, have applied for and received DACA status, and are pursuing school and/or are gainfully employed. March 6, 2018 is the day DACA ends.

What does this mean for employers? The following q and a is intended to help answer questions employers might have about DACA.

First of all, NO, you should not ask your current employees (or their colleagues you suspect may have inside information about their coworker's status) if they are recipients of DACA. This can create an unsafe work environment and may be in violation of their civil rights. You should not ask employees when their DACA expires, for the same reason. The I-9 has the information of every employee's proof of identity and employment authorization and should only be reviewed in the case of any regular, transparent audit of every single employee's HR files. You can learn more about how to ensure you are not violating your employee's rights by clicking here.

Secondly, NO, you cannot ask an employee you are in the process of hiring to provide you with documentation OTHER than their valid Employment Authorization Card because you are worried that DACA status might be revoked. You cannot refuse to hire someone because they are a DACA recipient. You cannot fire somebody because they are a DACA recipient with a valid work authorization card. Don't just take my word for it. Here's what the Justice Department says about it.

Finally, what can you do to make sure DACA recipients continue to be able to go to school and support their families in the United States? Use your political privilege as an employer to lobby Congress---as often as possible--about why you believe they should pass the DREAM Act ASAP. The Dream Act would provide a permanent path to citizenship for all DACA recipients. Here is a US Congress members' contact information. Truly, the offices of Congress are happy to take emails and phone calls from constituents. It is LITERALLY their job to listen to you. Additionally, you will not be the only employer advocating for Dreamers. Here is a list of CEO's who have taken a very public stand for DACA recipients. If you are in Oregon, consider making a tax deductible donation to Unite Oregon or Causa Oregon, two organizations doing frontline political lobbying work for the Dream Act.

If you have more questions, please feel free to contact me at jess@thomkeconsulting.com