Deferred Action for Childhood Arrivals (DACA) workers currently holding valid work permits may not be eligible for continued employment when the permit expires.
On September 5, 2017, the Department of Homeland Security (DHS) announced a six-month phase out of the DACA program. Districts have asked if repeal of the program will have an immediate impact on their workforce, which could include teachers and other employees who received work permits through the program.
The repeal does not mean that DACA benefits will be immediately revoked. Employees will be authorized to work as long as their employment authorization documents (EADs) or work permit are valid.
Employees with an EAD or work permit were eligible for various reasons. Those authorized through DACA will be indistinguishable from other employees. From an employer’s perspective, any employee with an expiring document should be treated the same and will be subject to reauthorization of the Form I-9.
Employees with work eligibility documentation that expires must renew the documents and present the new documents to the district. This requirement does not apply to an expired U.S. passport or passport card, Permanent Resident Card, or a List B document that has expired. The district must review the new documents and complete the updating and reverification section of Form I-9 (Section 3). If the revision date on the original Form I-9 has expired, the district should complete Section 3 of a current form and attach it to the original.
Reverification and updating of information must occur before the EAD expiration date. Therefore, employers should have a system in place to track the expiration date of employees’ documents. It is recommended that employees be provided advance notice to allow them time to renew the authorization before the expiration date to avoid a lapse in employment. If an individual fails to present valid documentation, they will no longer be able to be employed.
DHS will provide a limited, six-month window during which it will consider certain requests for DACA and applications for work authorization, under specific parameters. Only DACA renewal requests received by October 5, 2017, from current beneficiaries whose benefits will expire between September 5, 2017 and March 5, 2018 will be adjudicated. Additional information on the process is available on the DHS website.
HR Services also has additional information available in the HR Library topic Immigration Law.