DACA Final Rule is Unlawful

/in /by

APPLIES TO

All Employers

EFFECTIVE

September 13, 2023

QUESTIONS?

Contact HR On-Call

(888) 378-2456
Quick Look

  • The U.S. District Court for the Southern District of Texas ruled the Deferred Action for Childhood Arrivals (DACA) final rule to be unlawful.
  • Employment authorization documents (EADs) for current DACA recipients will remain valid until they expire.

Discussion

The U.S. District Court for the Southern District of Texas determined the Deferred Action for Childhood Arrivals (DACA) final rule was unlawful. However, the court maintained a partial stay of the previous July 16, 2021 order for “all DACA recipients who received their initial DACA status prior to July 16, 2021. DACA protects certain undocumented immigrants from deportation if they were brought to the United States as children. DACA also provides such undocumented immigrants with employment authorization. The DACA final rule issued by the Biden Administration largely mirrored the program as it was created in 2012. Of note for employers, it clarified that expunged convictions, juvenile delinquency adjudications, and immigration-related offenses characterized as felonies or misdemeanors did not automatically make someone ineligible for DACA. Also, work authorization received through DACA ends only when someone’s DACA status is terminated, not if deportation proceedings are started.

The ruling means: 1) U.S. Citizenship and Immigration Services (USCIS) will continue to accept DACA applications but will not process any initial requests; 2) employment authorization documents (EADs) for current DACA recipients will remain valid until they expire; and 3) USCIS will continue to accept and process DACA renewal requests and EAD applications in connection with active DACA grants. This decision is highly likely to be appealed to the Fifth Circuit Court of Appeals. Employers should continue to accept unexpired, valid EADs for any current DACA recipients they may employ.

Action Items

  1. Review EAD expiration dates for further action.
  2. Have appropriate personnel trained on work authorization requirements.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2023 ManagEase