The Deferred Action for Childhood Arrivals (DACA) is a program designed for immigrants’ protection. It came as an executive order in 2012. The program was meant to allow certain undocumented immigrant minors in the United States to apply for protection, including protection against deportation and authorization to work. The protections also include the right to attend schools in the United States. DACA beneficiaries may get an employment authorization document (EAD). This privilege provides an employer with work authorization in the United States for the period specified on the EAD.
Oregon has more than 11,000 immigrants, many of whom are from Mexico. About 12% of these individuals are natives born in the US with at least one parent as an immigrant. The other 10% of them are foreign-born Oregon residents. About one in every three individuals who work as foresters, farmers, and fishers in Oregon are immigrants. Moreover, 23% of all individuals who work as production employees are immigrants.
Most of the employees under DACA face the challenge of being discriminated against. At HKM Employment Attorneys, we help protect the rights of all employees. HKM is renowned legal firm that specializes in representing the right of employees in all aspects of employment law.
What is the Current State of DACA?
The DACA program has an uncertain future since the Trump administration has come into play. On September 5, 2017, the new government spoke of its intention to cancel the program. This was announced in a statement released by the Attorney General and included a memorandum issued by the Homeland Security department. The memo was titled the Memorandum on Rescission of Deferred Action for Childhood Arrivals.
The rescission plan stated that the initial applications for DACA and EAD cards applied for after September would be rejected. Thus, all the applications filed and accepted as of the stated date will be rejected depending on each individual case.
Fortunately, the rescission plan will allow the current beneficiaries to keep their protection. Their work authorization will not be affected by the new policy until its end date. The new plan will also allow the current DACA beneficiaries with EAD cards expiring before March 5 of this year to apply for an extension.
Despite the uncertainties, there are still some hopes that the program will not be entirely lost. The president has also hinted at supporting legislation to protect young immigrants from deportation.
Most employers are still hiring DACA beneficiaries with unexpired EADSs. This is because the rescission plan provides that the law still allows them to remain authorized to work in the United States. Employers are expected to continue complying with the employment eligibility as stated in the DACA program.
At HKM Employment Attorneys, we are able to answer questions about employment law. We may be able to help you with your legal employment concerns. You can contact HKM Employment Attorneys at (503) 389-1130 to schedule a confidential appointment to learn more about what your options are.
