Virginia Human Resources Today - Winter/Spring 2018 - 19
documents can be found on the last page of the Form I-9.
If an employee is able to present a suitable document or
combination of documents to demonstrate a new basis
for work authorization, the employer must complete
Section 3 of the Form I-9 to re-verify the employee's work
authorization. Under the E-Verify rules, the E-Verify
record should not be updated for an existing employee
with a new basis for work authorization.
Will people who have had DACA benefits now
DACA recipients whose EADs will expire because
DACA has been rescinded will no longer be protected
by administrative relief from deportation (unless they
have some other way to stay in the country.). While
the administration has said it does not have a current
plan to specifically target former DACA recipients for
deportation, the administration has authorized ICE
officers to deport any and all people in the United States
who are deportable.
As the employer of DACA recipients, are we legally
obligated to inform the government when their work
No. Like other foreign nationals whose work
authorization expires, employers are NOT legally
obligated to inform the government when a DACA
recipients' work authorization (EAD) expires.
Is there anything we can do to help our DACA
employees gain a lawful status and/or work
In the absence of the DACA program, the vast
majority of DACA recipients will go back to being
deportable, without work authorization in the United
States, unless Congress takes steps to create a
new legal pathway for them. However, every DACA
employee's situation is potentially different and
employers should not attempt to give immigration
advice about their status in the United States. Instead,
employers should recommend that the employee speak
to an experienced immigration attorney who can gather
all of the relevant information and help them evaluate
legal risks and any available immigration options.
Why can't DACA recipients simply return to their home
country and get a legal visa?
The majority of, if not all, DACA recipients cannot
simply return to their home countries and obtain a
legal visa because of the amount of time they've spent
in the United States without a valid immigration
status. Because of this accrued unlawful presence, a
DACA recipient's departure out of the United States
would likely trigger a multi-year bar to reentering
the U.S., making the majority of DACA recipients
practically ineligible for immigrant (green card) or
Graphic provided by The Wilson Center's Mexico Institute.
Why can't DACA recipients rely on the DREAM Act
after the President rescinds the DACA program?
The federal DREAM Act never made it through
Congress to become an actual law. The DREAM Act
was passed by the U.S. House of Representatives in
December 2010 but did not survive a filibuster in the
U.S. Senate. Following that, the previous administration
created the DACA program through Executive Action.
With the upcoming repeal of the DACA program, the
focus is once again on Congress to pass the DREAM
Act or some version thereof. The current DREAM bill is
pending in both houses of Congress and has garnered
bipartisan support. President Trump's six-month
postponement in repealing the DACA program provides
an opportunity for Congress to act.
May DACA recipients enroll in a college/university and
get student work authorization?
Whether or not a DACA recipient may enroll in a
college/university after DACA ends completely will be
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