What Does Daca Mean for Employers?

The Deferred Action for Childhood Arrivals (DACA) initiative is a temporary solution for undocumented immigrants 15 to 30 years old, as well as for future applicants now 5 to 14 years old. Applicants must have been brought to the United States as children and educated in the U.S. educational system.

DACA recipients receive “deferred action,” which is a determination by the U.S. government that it will defer removal action on the basis of executive prosecutorial discretion. The DACA initiative does not grant any new legal status and may be revoked by the Department of Homeland Security at any time. DACA recipients are permitted to remain in the United States under deferred action while working legally during the existence of the DACA initiative. DACA recipients may be granted open-market work authorization with any U.S. employer through an Employment Authorization Document (EAD) card for an initial period of two years. Renewals are available.

Although little guidance on DACA has been provided by DHS, the challenges can be mitigated through a uniform company policy, due diligence, and with the advice of immigration counsel. Ultimately, DACA can have a positive impact on employers, by enabling access to a multi-lingual and talented hiring pool of over 1.2 million candidates.

The authors run through various scenarios that can arise in respect to DACA — for example when considering new hires and what to do if an existing employee wants help in acquiring DACA status.