The California Labor and Workforce Development Agency (LWDA) is informing employers that President Trump’s decision to end the federal Deferred Action for Childhood Arrivals (DACA) program does not require employers to immediately re-verify work authorization documents [LWDA, Press Release, 9-6-17]. In addition, New York City has provided information for workers affected by DACA that indirectly provides some guidance for employers.
Work Authorization Does Not Need to be Re-Verified in California
LWDA Secretary, David M. Lanier said, “With the announcement to phase out the DACA program, the California LWDA and its partner departments affirm the action does not require an immediate re-verification of work authorization documents for DACA recipients. Any action or attempt by employers to re-investigate or re-verify work authorization documents in order to retaliate against any immigrant worker is unlawful in California.” It is unclear what will happen when an employee’s work authorization expires.
New York City Provides Information on Employment Verification
The New York City Mayor’s Office of Immigrant Affairs has posted information for “dreamers” (individuals working in the country under the DACA program) affected by the DACA decision that may also be helpful to employers. According to the agency, employment authorization cards are valid until expiration, unless terminated or revoked individually. While social security numbers (SSNs) do not expire, if a worker no longer has work authorization, the SSN will no longer be valid for an E-Verify employment authorization check.
Courtesy of APA