Assessment of Employer Concerns Over the Next Few years
1. DACA is likely dead. Current work permits may be allowed to expire without being withdrawn, but new and renewal DACA filings can be swept away with the stroke of the President’s pen. This may mean some of your employees may lose their work permits and you will not be able to continue to hire them.
a.DACA (Deferred Action for Childhood Arrivals) allows certain undocumented immigrants to the U.S. who entered the country as minors to receive a renewable two-year period of deferred action from deportation and eligibility for work authorization.
b.DAPA (Deferred Action for Parents of Americans and Lawful Permanent Residents) and expanded DACA programs will likely never be implemented.
2.Unauthorized workers will likely be targeted at the workplace via ICE raids. As employers may recall, prior to 2009 ICE conducted numerous raids on employers as opposed to audits. It is believed that more raids will be forthcoming. Employers should be prepared for these raids by ensuring that a point person exists who can manage the situation and call our office if and when a raid is in progress. The President can authorized this change of policy without Congress.
3.E-Verify will become mandatory for all employers. While mandatory E-Verify will have to be legislatively enacted, for employers who are already active users of the system it might be less likely that a raid will occur.
4.Deportation may increase. Even though an employer may employ an individual prior to its E-Verify use and who presented what appeared to be a valid work authorization document, this individual could still be arrested and deported if he/she is illegally in the U.S.
We believe that President-elect Trump and a Republican Congress will be more business friendly, even in the immigration context. However, persons here illegally and companies that knowingly hire illegals, especially if they have any crimes, will be targets for removal and fines.