Wednesday, September 26, 2012

DACA and Potential Pitfall for Job Verification from Employers

The New York Times reported that businesses are concerned about providing job verification documentation for deferred deportation applicants. The Obama Administration announced in June 2012 that young undocumented immigrants will be able to apply for two year deferred deportation while obtaining legal work permits. The program does not allow applicants to gain legal immigration status. 

The program has been a source of concern for employers who have been approached by their employees to provide job verification that proves they have been in the country for the requisite time period (for more on if you qualify for DACA, click here.) When applicants admit to being an undocumented workers, employers  may have to fire them until the applicants legally obtain a work permit. Also, employers fear that if they agree to provide a job verification request, it will serve as proof that they knowingly hired an undocumented immigrant, which violates federal law. Department of Homeland Security (DHS) has released guidelines that confirm "the businesses could provide verification for deferred deportation applicants. This information will not be shared with the enforcement authorities, 'unless there is evidence of egregious violations of criminal statutes or widespread abuses.'" 

For more on this story, click here

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