Insights: The Recent Rescission of DACA Is Not an I-9 Re-Verification Event
The California Labor and Workforce Development Agency announced the rescission of DACA did not require employers to re-verify work authorization documents for DACA employees, stating: “[a]ny 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.”
The same holds true across the board in all states. DACA employees with valid, unexpired Employment Authorization Documents (EADs) may continue to work without reverification until their EADs expire. Any early attempt to re-verify their work authorization may violate the anti-discrimination provisions of the Immigration and Nationality Act.
You may want to encourage employees with DACA/EAD expiration dates before March 5, 2018 to file to renew their status prior to October 5, 2017 – the last date when such applications will be accepted under the new rescission policy. For DACA employees whose EADs expire after March 5, 2018, you may decide to give them at least 90 days’ notice of the expiration to provide them with an opportunity to gather and present other List A, B, or C documents for re-verification purposes when their EADs expire.