The Obama Administration has not yet proposed a comprehensive overhaul of what it describes as a “broken” immigration system. The more limited “Dream Act,” which would confer legal status on young undocumented immigrants who are either in school or have served in the armed forces, is stalled in Congress.

In order to break the deadlock, on June 15, 2012, the Department of Homeland Security announced the creation of the “Deferred Action Process for Young People” Program. Under this program, young people who were brought to the United States as children will not be deported if they meet the following criteria:

• They are 15 to 30 years old and entered the United States before age 16;
• They have been present in the United States for 5 years as of June 15, 2012;
• They have maintained continuous residence in the United States.;
• They have not been convicted of one serious crime or multiple minor crimes; and
• They are currently enrolled in high school, graduated or have a GED, or are honorably discharged veterans of the Armed Forces or Coast Guard.

Employers should note that this new program does not confer legal status or authorization to hold employment in the United States. It merely puts a “hold” on deportation proceedings. Although the administration has announced that it will distribute 400,000 additional work permits in conjunction with this program which will be good for two years, this has not yet occurred.

The program imposes no new obligations on employers, who must continue to properly maintain I-9 forms for all employees and continue to comply with all immigration laws. Experts suggest that employers remind their employees of the following:

• The employer is still required to comply with all immigration laws;
• Absolutely nothing has changed with respect to employees who have already obtained authorization to lawfully work in the United States
• There is nothing the employer can do for its employees because the program does not involve employer sponsorship of any kind.

The program does not affect the status of dependents of undocumented immigrants unless they independently meet the required criteria.
DHS has announced that it will promulgate regulations for the implementation of the program, including applications for deferral of deportation proceedings and issuance of temporary work permits, within 60 days.

This program, whose inception was accompanied by a storm of political protest, is expected to be challenged in the courts in the very near future. We shall continue to report all developments as they occur.

Perry Heidecker is senior counsel for Milman Labuda Law Group PLLC, Lake Success, N.Y. The firm is a full-service Employment Law practice focused on counseling, preventive advice and training, policy and procedure design, representation before administrative agencies, litigation, and appeals.




POSTED ON: 7/17/2012