Rescission of DACA Raises Employer Considerations and Legislative Options

On Tuesday, the Trump Administration announced plans to end the Deferred Action for Childhood Arrivals (“DACA”) program, which allows qualifying, vetted undocumented immigrants who came to the United States as children to remain in the country and obtain temporary work authorization. While some components of the DACA termination will begin to take effect immediately, such as the decision to stop accepting new DACA applications, the Administration announced a six-month phase-out period before full repeal, and has urged Congress to pass legislation relating to DACA’s beneficiaries. As a result of this announcement and DACA’s uncertain future, employers must prepare for compliance with the interim DACA repeal measures, and interested stakeholders may consider engaging with Congress on this issue.