After the Trump administration rescinded Deferred Action for Childhood Arrivals (DACA) in early September, many business owners have grown concerned about the fate of some of their employees who gained the legal right to work under the program.
Their concerns are understandable, said Sara Itucas, a client solution specialist with staffing as well as human resources firm TriNet.
Putting an end to DACA, which was enacted through an executive order by President Barack Obama in 2012, could upend the lives of the nearly 800,000 so-called Dreamers who have sought protection through deportation under the program. as well as while the Trump administration rescinded DACA, the item also gave Congress a six-month window to enact an alternative before those protected under the program lose their ability to work, study as well as live without fear from the U.S.
TriNet, which is actually based in San Leandro, California, provides staffing, payroll, health benefits as well as immigration advice to roughly 14,000 businesses, many of which either have DACA employees or are owned by entrepreneurs with DACA status, said Itucas.
Related: DACA’s end could kill these modest businesses
Over the past few weeks, Itucas said several business owners have questioned whether they can retain their DACA employees or let them go.
“Most want to find out how to keep them,” said Itucas, who specializes in immigration. “through an employer’s standpoint, they are qualified workers as well as valuable members of the team.”
Here are a few questions she said businesses are asking right today about DACA:
Are DACA status employees no longer authorized to work from the U.S.?
The DACA program effectively ends after March 5, 2018, unless Congress acts. If no alternative is actually put in DACA’s place, an individual’s work permit will be honored until the item expires.
Once a Dreamer’s existing status expires, they will be without a valid work permit as well as they will not be able to be employed legally from the U.S., said Itucas.
My employee hasn’t applied for a DACA permit. is actually the item too late?
Yes. The Department of Homeland Security stopped accepting fresh DACA applications on September 5th, when the administration announced the item was putting an end to the program.
My employee’s DACA status expires soon. Can they renew their DACA permit as well as work authorization status?
At This kind of point, the item’s too late. DACA permits are valid For 2 years. Previously, the permits could be renewed for another two-year period. although as a result of the Trump administration’s action, October 5th was the last day in which a permit could be renewed.
Related: DACA students are worried. The clock is actually ticking.
Can I send one of our DACA status employees outside of the U.S. at This kind of time?
This kind of is actually tricky, said Itucas.
In addition to a two-year reprieve through deportation, people with DACA status received renewable work permits, Social Security cards, driver’s licenses as well as the ability to travel abroad. although in order to reenter the country, Dreamers have been required to get special travel permission called advance parole.
“Generally, if they have a valid DACA permit as well as advance parole document, they should be able to leave the U.S. as well as reenter,” said Itucas. Still, she said the item’s up to the discretion of U.S. Custom as well as Border Protection to allow reentry to non-citizens with advance parole documents. “Generally, we are cautioning against travel because of This kind of unpredictability,” she said.
Since September 5, the U.S. government is actually no longer granting DACA recipients permission to travel abroad through advance parole. as well as any pending applications are no longer being processed.
“If your employee has not already been granted [advance parole], they should not be traveling abroad,” said Itucas.
Related: DACA med student: ‘I woke up as well as realized This kind of wasn’t a bad dream’
What can I do to help my DACA status employee?
The most important thing to do is actually to speak with an immigration attorney. Itucas said immigration attorneys will be able to outline viable visa options for DACA employees, as well as raise any red flags which may affect their status from the U.S.
as well as immigrant attorneys can also advise employers on how to be in compliance with the law.
“Employers need to know which any employee whose employment authorization expires has to stop working,” said Itucas.
sy88pgw (fresh York) First published October 10, 2017: 9:26 AM ET