A day after Labor Day, President Trump’s Administration announced the withdrawal of DACA (known as Deferred Action Childhood Arrivals) program. DACA generally involves supplying undocumented individuals some relief if they arrived in the US before the age of 16 and meet other requirements. While DACA defers any deportation in specific circumstances, it also permits the recipient to work in the US with a work authorization.
In the US, an employer is prohibited from employing a person not authorized to work in the US. The withdrawal ultimately results in the loss of the DACA employee’s work authorization.
While the withdrawal effects nearly 700,000 DACA employees in the US, it also affects their employers. It is predicted about 30,400 DACA recipients will lose their work authorizations each month under the planned withdrawal.
The effects of DACA winding down are major concerns for DACA recipients but soon employers will be addressing the loss of DACA employees. Addressing the issues now, positions an employer to minimize the impact of DACA ending. Employers and DACA employees should also seek counsel from an attorney with DACA and employment law experience.
The ThreeBestRated.com selected attorney, Trinidad Galdean, as one of the 3 Best Employment Lawyers in Wichita, Kansas. The site uses its 50-Point Inspection that includes “checking customer reviews, history, complaints, ratings, satisfaction, trust, and cost to the general excellence.” Trinidad was the only individual attorney selected. Trinidad represents businesses, management and individuals in employment and immigration legal matters. While he is licensed in Kansas, Texas, Oklahoma, Iowa, and Nebraska, Trinidad represents clients throughout the U.S.
Galdean Law Firm
With 25 years of legal experience, Trinidad is a frequent speaker on employment and immigration topics to Human Resource associations, Chambers of Commerce, Municipal associations, and other industry associations in various states.
The Public Broadcast Station (“PBS”) affiliate, Smokey Hills Public Television, recently invited Attorney, Trinidad Galdean, as a speaker on immigration legal updates. The other guests included Finney County Sherriff Kevin Bascue and El Perico Journalist, Marco Alcocer. The Hosts, Harold Orosco and Celia Earl, covered various topics and questions which concern for many communities and individuals related to immigration.
Trinidad discussed the evolution of immigration laws and changes leading the current immigration enforcement. With Trinidad’s background with business-employment matters, he also discussed the implication of immigration issues for employers, businesses, and farmers.
Any individual, business, or community with concerns over the immigration changes needs to become better informed. This PBS program helped to provide some information and answer the public’s concerns.
Smoky Hills PBS
Galdean Law Firm
On March 18, 2017, a community in Wichita, KS took it upon itself to become more informed about immigration. The event was covered by the local paper. Over 100 people from various backgrounds attended the event. In any community, most people know another person that is somehow affected by an immigration issue.
Where an individual is in the U.S. with or without documents, the immigration issues are a daily concern. Many employers using the immigration visas to bring and attract top talent from other countries are also concerned about the immigration issues. In some communities, children worry about their parents and lives because of the immigration uncertainty.
To address the issues, it’s important to be informed about what is going on with immigration in the U.S. As referenced in the article, everyone from residents, law enforcement, and leaders want to address the issues in the best way possible for this community. Perhaps other similar events can help address people’s concerns. It will at least help people in becoming informed.
With the Presidential election over and recent Cabinet appointments, changes on immigration policy will likely occur in some fashion. Recent President-Elect’s comments and the appointment of Sen. Jeff Sessions as Attorney General give some indication of stronger immigration enforcement in the near future. So, what does this mean for Employers and how should Employers begin to plan for any change in employment-related immigration policy?
For Employers with workers on employment-based visas, the Human Resource department should audit these visas and related visa expiration dates. This enables an Employer to address changes on any visa renewals or adjustment of visas once the new Administration focuses on immigration issues in the U.S. This also enables Human Resource professionals to plan ahead for any potential changes in the employer’s workforce.
The Post-Election activity also hints that employers should evaluate its immigration compliance procedures. Anticipating an increase of immigration enforcement means the employer should audit its compliance practices on immigration matters. This includes auditing Form I-9s, immigration practices (like E-Verify), and compliance files.
Ultimately, the employer will want to be in the best position to address any changes in employment-based visas and compliance efforts.
While the above provides some issues for employers to consider, an employer with any questions, should contact an experienced immigration-employment attorney.
Today the USCIS published the new Form I-9 for employers to use. By Jan. 22, 2017, employers must use only the new version, dated 11/14/2016 N. Until then, an employer can continue to use the version dated 03/08/2013 N or the new version.
The changes in the new Form I-9 include the following:
- Section 1 asks for “other last names used” rather than “other names used.”
- The addition of prompts to ensure information is entered correctly.
- The ability to enter multiple preparers and translators.
- A dedicated area for including additional information rather than having to add it in the margins.
- A supplemental page for the preparer/translator.
This new change should key employers to not only update the Form I-9 but also to update their training and immigration compliance practices. Employers with questions about immigration compliance should contact an experienced employment immigration attorney.
Years ago, there were Open Houses when a business opened. Today, with websites there are Launch Dates. We are excited to announce the website for our new Employment & Immigration Law Firm at http://galdean.com/. Please share your comments or sign up for periodic Blogs and Newsletters coming soon.
Immigration continues to be a key issue in Presidential elections since at least the Reagan years. This Presidential election has each top Candidate with different policies in this area. The attached link (while somewhat neutral) supplies a good summary on where Clinton and Trump stand on immigration during the election. The positions are laid out around 8:00 into the video. We will have to see how things develop after the election. https://www.yahoo.com/news/the-issues-where-do-trump-and-clinton-stand-on-immigration-205240624.html
For Businesses bring talented foreigners to the US, it is sometimes about timing. Getting the individuals into the U.S. can be important for the individual to begin work and the company to stay competitive. Additionally, quickly being processed at the Port, makes the employee’s travel that much less stressful. Now, an individual can secure their I-94 in advance to crossing at the Port with the online I-94 application payment. A business looking to address business immigration issues should contact an experienced immigration attorney. https://www.cbp.gov/newsroom/national-media-release/cbp-makes-online-i-94-application-payment-available-travelers
Even with the new I-9 Form coming in January 2017, many employers use I-9 Software. The use of I-9 Software should also be compliant. The attached supplies information to address employer’s and HR’s compliance in using Form I-9 Software.