DACA- Federal Judge Impact on Extensions of Stay for Some

As of January 13, 2018, the Government resumed accepting requests to renew grants of Deferred Action for Childhood Arrivals (DACA) in response to the federal court order issued by a Federal Judge in California. The DACA program resumed operating as it did before it was rescinded on September 5, 2017, but with certain requirements. However, please note that the Trump Administration has appealed the Federal court order that requires the Immigration Service (USCIS) to accept DACA renewals, thus there is no clear indication how long USCIS will continue to accept DACA renewal applications.

Employers may continue to employ DACA recipients with valid EADs, and note that extensions are currently being allowed. However, employers should note that DACA recipients are not allowed to work if their current EAD expires, even if they are currently awaiting an approval of an application to extend it.

We recommend that employers review their internal procedures for reverifying expiring employment eligibility for their DACA recipient employees.