September 15, 2017

How Will DACA's Rescission Affect Our Local Workforce?

by Judith McInturff, Columbus Bar Association and Kenneth Robinson, Slowik & Robinson LLC

Deferred Action for Childhood Arrivals (DACA) is an immigration policy established in 2012, allowing certain illegal immigrants who entered the country as minors to receive a renewable two-year period of deferred action from deportation and eligibility for a work permit.

On September 5, the executive order that established DACA was rescinded. Does this mean employers will immediately lose employees previously protected by DACA? The Department of Homeland Security responds with a qualified no. The program will be phased out subject to these basic parameters:

1. Initial applications and applications for extensions pending as of September 5 will be considered on a case-by-case basis.

2. No new or renewal requests can be made after September 5.

3. Extension applications for those whose DACA status ends by March 8, 2018 may be filed before October 5.

4. Valid DACA grants will not be terminated or revoked for the remaining duration of their validity.

5. Related applications for travel permission will no longer be approved.

However, according to Homeland Security, the agency will still be able to exercise its discretionary authority to terminate or deny deferred action for any reason, at any time, with or without notice.

Time will tell how the rescission of DACA will impact our workforce. If you want to learn more about how American immigration policies affect us all, the CBA’s Mexico trip, scheduled for February 28 to March 5, will answer these (and other) important questions. Space is extremely limited and registration closes November 1.