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What Supreme Court's DACA decision means for employers

October 2020 employment law letter
Authors: 
Amelia J. Holstrom, Skoler Abbott & Presser, P.C.

It isn't any secret that immigration issues have been a hot topic in employment for the last several years. One such issue involved the Deferred Action for Childhood Arrivals program, commonly referred to as DACA. A recent U.S. Supreme Court case shed some light on that program for employers—for now. Here are the details.

What is DACA?

In 2012, President Barack Obama afforded some protections to individuals who had been brought to the United States without documentation while they were children through a program called DACA. The DACA immigration policy defers deportation for two years. DACA applicants cannot have felonies or serious misdemeanors on their records and must pass background and fingerprint checks.

Individuals who become DACA recipients are permitted to get driver's licenses, attend school, and obtain work permits. Since DACA's creation in 2012, more than 825,000 individuals have been approved for the program. An employee who is authorized to work through DACA is category C33 on his or her Employment Authorization Document (Form I-766)

Viability of DACA program has been touch-and-go

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