What latest DACA ruling means for employers

A New York federal court ordered the Trump administration to reinstate the Deferred Action for Childhood Arrivals (DACA) program on December 4, 2020. A few days later, the U.S. Department of Homeland Security (DHS) and its benefits division, U.S. Citizenship and Immigration Services, updated their respective websites with instructions that fully comply with the U.S. Supreme Court’s decisions on the matter.

Practical effects

The DACA ruling had three important impacts:

• DACA beneficiaries are able to renew their work authorization for two years at a time (not just one year).
• They’re able to apply for advance parole travel documents, allowing them to depart the United States with a reasonable expectation of admission when they return. Even with the documents, however, it’s risky for DACA beneficiaries to depart the country because there’s no guarantee they’ll be readmitted when they try to return.
• Individuals who qualify for the program but haven’t previously applied can sign up now and obtain new DACA approval.

Impact on current employees or job applicants

Under the new procedures, current DACA approvals can be renewed in two-year increments again. If properly completed, the employer’s I-9 expires when the DACA approval expires, so employers will be allowed to reverify the I-9s for program beneficiaries every two years again instead of every year.