From the Hotline: Executive Order on Immigration and Effect on Employers

Question: What effect will the 2014 executive order on immigration have on employers?

Answer: Right now, employers should continue to verify eligibility for all newly hired employees. The requirements of the Immigration Reform and Control Act of 1986 (IRCA) remain the same and employers must continue to complete and retain a Form I-9, Employment Eligibility Verification, for each employee and refrain from discriminating against individuals on the basis of national origin or citizenship.

The executive order will allow affected persons to apply for an extension to a current work authorization under the Deferred Action for Childhood Arrivals program or, if they are parents of U.S. citizens and lawful permanent residents, apply for a new work authorization.

According to the United States Citizenship and Immigration Services (USCIS):

“On November 20, 2014, the President announced a series of executive actions to crack down on illegal immigration at the border, prioritize deporting felons not families, and require certain undocumented immigrants to pass a criminal background check and pay taxes in order to temporarily stay in the U.S. without fear of deportation. These initiatives include:

  • Expanding the population eligible for the Deferred Action for Childhood Arrivals (DACA) program to young people who came to this country before turning 16 years old and have been present since January 1, 2010, and extending the period of DACA and work authorization from two years to three yearsDetails
  • Allowing parents of U.S. citizens and lawful permanent residents who have been present in the country since January 1, 2010, to request deferred action and employment authorization for three years, in a new Deferred Action for Parental Accountability program, provided they pass required background checks | Details
  • Expanding the use of provisional waivers of unlawful presence to include the spouses and sons and daughters of lawful permanent residents and the sons and daughters of U.S. citizens | Details
  • Modernizing, improving and clarifying immigrant and nonimmigrant programs to grow our economy and create jobs | Details
  • Promoting citizenship education and public awareness for lawful permanent residents and providing an option for naturalization applicants to use credit cards to pay the application fee | Details

Important notice: These initiatives have not yet been implemented, and USCIS is not accepting any requests or applications at this time.”