CFGI Quoted – “Here's what lawyers are telling companies to do about DACA”

CNN Money

“In the wake of the president's decision to repeal DACA, lawyers have issued a clear warning to companies: Don't count on Congress to act.

“[On September 5] President Donald Trump moved…to rescind the Deferred Action for Childhood Arrivals program, which allowed undocumented immigrants brought to the United States as children to live, work and study in the country without fear of deportation. Trump's order gives Congress six months…to create a law protecting the roughly 800,000 people known as ‘Dreamers’ who participate in the program.

“But legal experts who counsel businesses on employment issues are telling their clients not to expect a legislative fix.

“‘Employers really should brace themselves,’ said Shin-I Lowe, an attorney who specializes in corporate immigration law at the firm Littler Mendelson.

“…Companies should be aware if there's a chance they'll need to let some of their talent go, Lowe said.

"Employers should look at work permits they have today and encourage renewals," she said.

“…Some employers may not know they have workers who are DACA recipients, since the paperwork looks similar for a number of different work visas, said Shanon Stevenson, a partner at Fisher Phillips…

“…Philip Berkowitz, a lawyer who advises multinational companies at Littler Mendelson, said he thinks there will be a lot of political pressure on Congress to act, and that companies shouldn't take any ‘drastic action’ in the interim other than to keep an eye on renewals.

“…‘This has created a great deal of uncertainty and anxiety, certainly for the people who are eligible for DACA, the people who thought they'd be eligible for DACA and the businesses that employ these individuals,’ Berkowitz said.

“Companies have the discretion to decide whether they want to provide DACA employees with legal support or counseling, according to Justin Storch, who works with federal immigration agencies on behalf of the Society for Human Resource Management's immigration affiliate, the Council for Global Immigration.

“Still, firms should be careful how they go about identifying those who may need help, he said.

“‘That doesn't mean employers should be asking people whether they're on DACA, because that could be considered discriminatory,’ Storch said.

“…‘I would advise employers to be realistic about this,’ Storch said. ‘Counting on Congress to acts isn't always going to be fruitful. Employers should know as of today, the DACA program will end in six months.’”

To read the full article, please click here