Judge Orders DACA Renewals to Continue—for Now

Roy Maurer By Roy Maurer January 10, 2018

A federal judge in California ordered the Trump administration on Jan. 9 to resume enrolling renewals for the Deferred Action for Childhood Arrivals (DACA) program, which defers immigration enforcement action against young people brought to the U.S. illegally as children.

Employers should continue to monitor developments, as well as follow best practices for Form I-9 compliance.

U.S. District Court Judge William Alsup temporarily blocked the phase-out of the Obama-era program and has directed the administration to maintain it while the legal challenge to end the program moves forward.

This means that until a higher court intervenes, previous beneficiaries of DACA can renew their status. The government will not be required to accept new applications, however, and DACA recipients could be prevented from re-entering the country if they leave.

It is expected that the administration will appeal the decision.

What Should Employers Be Doing?

HR professionals likely have questions about how the wind down of DACA affects their workforce. Immigration attorneys told SHRM Online that it's critical to ensure I-9 records are in order.

(SHRM Online)

Judge Questions President's Order

Alsup contended that the Obama administration had the legal authority to grant the kind of temporary protections that formed the basis of the program, and that the Trump administration's decision to shut it down was arbitrary and done without following the proper procedures.

(The New York Times)

Compromise on DACA in the Works

The decision throws a curveball into ongoing negotiations between Congress and the White House on what to do about the program. President Trump has said that a permanent legislative solution for those with DACA status must be tied to stricter immigration enforcement and lawmakers from both parties insist that a deal is still in the works.

(The Washington Post)

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