Worksite Harmony and the President’s Executive Actions: It’s All about Immigration Timing

DAPA and the expansion of DAPA could present "gap" problems for employers.  Angelo Paparelli explains:

"[E]mployers are still at risk if they become aware that any undocumented workers are planning to apply, or have applied, for benefits under the new executive actions on immigration.

Imagine the scene at the company lunchroom.  A group of obviously jovial workers are huddled together at a table filling out USCIS applications for benefits under the DACA (Deferred Action for Childhood Arrivals) or DAPA (Deferred Action for Parental Accountability) program.  Bert Busybody, the director of HR, walks by and asks them why they are so gleeful.  In unison, they reply, “because President Obama is allowing us to work legally.”  Arguably, these workers must now be terminated from employment since Bert, as a supervisory representative of the employer, seems to have actual knowledge of the workers’ unauthorized status.

This type of worksite disharmony can be avoided if USCIS and the Homeland Security Department take appropriate action right away.  As my colleague, Tony Weigel, has suggested to me, the Secretary of Homeland Security, Jeh Johnson, has authority to resolve this dilemma and allow interim employment authorization while USCIS adjudicates applications for deferred action and three-year work permits."