The DACA (Deferred Action for Childhood Arrivals) program was implemented in 2012 by an executive order signed by President Barack Obama. Under the program, certain individuals who arrived in the United States as children are eligible for DACA protection and corresponding employment authorization. Approximately 800,000 individuals have been granted deferred action under the program.
On September 5, 2017, U.S. Attorney General, Jeff Sessions, announced the administration’s plans to cancel DACA. Here is what will happen:
During the six-month period between the September 5, 2017 announcement and March 5, 2018), DACA will not be revoked for individuals who currently have a valid employment authorization card. Applications received after September 5, 2017 will not be adjudicated, and those whose DACA authorization expires within the next six months have until today, October 5, 2017, to apply for renewal. Once their employment authorization expires, DACA recipients will no longer be eligible to work in the United States.
Employers can and should continue to employ DACA recipients with valid Employment Authorization Documents (EAD). Once the EAD expires, it will be unlawful for employers to continue employing such individuals. Employers should not, however, terminate employees now on the basis that their EAD is expiring at a future date and cannot be extended.
For further information on how DACA cases will be handled, please see the Department of Homeland Security issued preliminary guidance and Frequently Asked Questions document.