This report covers the impact on U.S. employers of rescinding of the DACA program and the end of employment authorization for beneficiaries of that program.
On September 5, 2017, U.S. Attorney General Jeffrey Sessions stated that the implementation of the DACA1 program by the previous administration had been an unconstitutional use of executive action.2 The Attorney General said that the U.S. Department of Justice could not successfully defend the DACA program after a group of state attorneys general threatened to sue the Trump administration if it did not terminate the program.
Unless the U.S. Congress takes action within the next six months, the policy announced on September 5 by the U.S. administration to rescind the DACA program will effectively end employment authorization for beneficiaries of the DACA program.
It is important to note that DACA beneficiaries who are employed and holding employment authorization document (EAD) cards expiring prior to March 5, 2018, remain eligible to file EAD renewal applications, but the renewal application must be received by U.S. Citizenship and Immigration Services (USCIS) on or before October 5, 2017.
An estimated 800,000 individuals are currently enrolled in the DACA program, with estimates of approximately 75 percent of these individuals currently employed. If Congress does not pass legislation to replace the DACA program, employers need to prepare for the likely loss of valued employees via termination.
Employees who are DACA beneficiaries remain work authorized throughout the validity period of their employment authorization. Employers should rely upon their record of Form I-9 expiration dates to determine the expiration of workers’ employment authorization. Under the phase-out, no new DACA applications will be accepted as of September 5, 2017 (with limited case-by-case exceptions, dependent on officer discretion). However, DACA employees who hold employment authorization document (EAD) cards expiring prior to March 5, 2018, remain eligible to file EAD renewal applications, but the renewal application must be received by U.S. Citizenship and Immigration Services (USCIS) on or before October 5, 2017.
KPMG Law LLP will continue to provide updates regarding the impact of this requirement as and when they become available.
For additional information or assistance, please contact your local GMS or People Services professional* or the following professional with the KPMG
International member firm in Canada:
U.S. Immigration Practice Leader
KPMG Law LLP – Tax + Immigration, Canada
Tel. +1-416-943-0288 x266
* Please note that KPMG LLP (U.S.) does not provide any immigration services. However, KPMG Law LLP in Canada can assist clients with U.S. immigration matters.
The information contained in this newsletter was submitted by the KPMG
International member firm in Canada.
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