Will the Repeal of DACA Impact Your Business? Maybe.

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If your business employs workers who were granted work authorizations under President Obama’s Deferred Action for Childhood Arrivals (“DACA”), read on.  On September 5, 2017, President Trump issued an executive order that sunsets the DACA program in six months unless Congress acts to pass a new immigration law.  Without the passage of a new immigration law, the workers granted the right to work in the United States under DACA will lose that right in six months, i.e. March 5, 2018.  If your business employs DACA workers, at the end of the six month period the DACA workers will have to be terminated unless Congress takes action.

What should employers and business owners do?

Most importantly, employers and business owners should review the Form I-9 for each employee to determine whether the business has any workers whose work authorization will expire when the DACA program sunsets.

Important Caveat

DACA authorized workers have one opportunity to renew their work authorizations for two years so long as they file the renewal extension request by October 5, 2017.  New DACA work authorization applications will no longer be processed – at least for now.

DACA renewal applications must be received by the government by October 5, 2017, not postmarked by October 5, 2017.  No new DACA work authorization applications filed after  October 5, 2017 will be accepted.

 

A note to the reader:  This article is intended to provide general information and is not intended to be a substitute for competent legal advice.  Competent legal counsel should be consulted if you have questions regarding compliance with the law.

Questions regarding this article or past articles may be e-mailed to Christina Harris Schwinn at christinaschwinn@paveselaw.com.  To view past articles written by Ms. Schwinn, please click on “Publications” and then “Articles” on the firm’s website.  Ms. Schwinn is a partner and an experienced employment and real estate attorney with the Pavese Law Firm, 1833 Hendry Street, Fort Myers, FL 33901; Telephone:  (239) 336-6228; Telecopier:  (239) 332-2243.

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