Appeals Court Rules DACA Renewals Can Continue

Roy Maurer By Roy Maurer November 8, 2018
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​Workers approved for the Deferred Action for Childhood Arrivals (DACA) program can continue to renew temporary work authorization while a nationwide injunction on rescinding the program remains in place.

A three-judge panel of the 9th U.S. Circuit Court of Appeals ruled Nov. 8 that President Donald Trump cannot immediately end the program, which allows roughly 700,000 undocumented immigrants brought to the U.S. as children to obtain work permits and protects them from deportation.

The case will now likely head to the U.S. Supreme Court.

We've gathered articles on the history of the DACA litigation from SHRM Online and other trusted media outlets.

[SHRM members-only online discussion platform: SHRM Connect]

'Not in Accordance with Law'

The 9th Circuit panel found that it was legitimate for former President Barack Obama to create the program by executive order and that Trump's decision to eliminate it was likely "arbitrary, capricious, or otherwise not in accordance with law."

(Politico)

Judge Questions President's Order

The appellate review was brought on by a January district court ruling in California ordering the Trump administration to continue processing DACA application renewals while legal challenges to the decision to end the program were ongoing.

(SHRM Online)

Trump Moves to End DACA

The Trump administration argued in September 2017 that the DACA program should be phased out because it was unconstitutional and an overreach of executive power.

(SHRM Online)

With the Stroke of the Pen

The Obama administration launched the program in 2012 to provide temporary work authorization to certain undocumented immigrants who came to the United States as children.

(SHRM Online)

Keep the Status Quo

Employers of DACA workers should continue following recommended practices for Form I-9 compliance and refrain from discharging workers with valid employment authorization documents.

(SHRM Online)

[Visit SHRM's resource page on workplace immigration]

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