Oct
16
2017

DACA – What to Do While Awaiting Possible Reform?

DACA Recipients and Employers. It has been over a month since the current administration announced that it would be ending President Obama’s executive order known as DACA- or deferred action for childhood arrivals. President Trump has urged Congress to take action with respect to the “dreamers”- those undocumented immigrants who came to the US as children, who have no criminal record and are generally either students or employed.

Unfortunately, the current state of affairs creates a great deal of uncertainty for DACA recipients, their families, and their employers. A legislative solution is a possibility, but no one can be sure what that will entail and whether it will get through Congress.

In the meanwhile, what should DACA recipients or their employers do to avoid the potentially harsh consequences of losing this form of relief?

First of all, an immigration attorney should be consulted to discuss all potential avenues for relief. There may be immigration benefits available which would only be discovered after a thorough discussion with an attorney about the individual’s family, how and when they entered the US, their employment and education, whether they are a victim or witness to criminal activity, or may be a victim of abuse or human trafficking. For example, some individuals may have a claim to citizenship through a parent that was a citizen. Some may be eligible for relief based on their level of education or outstanding achievement in their field of study or employment. Still others may be eligible for relief if they have assisted or cooperated with law enforcement in the prosecution of crime.

There have been reports of the potential effects of DACA on employers around the country, who may lose valuable employees and suffer as a reduced labor force. An employer may be able to assist a DACA recipient by filing an employment-based petition or by helping the employee in finding and retaining an immigration lawyer to explore the potential forms of relief available.

Finally, DACA recipients and their employers must keep abreast of legislative, administrative, and executive changes that affect their status to be prepared to apply for any new forms of relief that become available as soon as possible, and to avoid violating immigration or labor laws.

DACA – What to Do While Awaiting Possible Reform? was last modified: October 17th, 2017 by Helen Stolinas