The recent announcement by the Trump Administration to end the Deferred Action for Childhood Arrivals (DACA) could potentially have major implications on the labor compliance side of business. DACA was enacted during the Obama administration to give protections in the form of a “differed action” for immigrants who arrived as children, who work, or are students.
The reason why this will have ramifications for employers is because of the Immigration Reform and Control Act (IRCA). The bill was signed into law in 1986 by president Ronald Reagan, and among the provisions of the bill, made it illegal to knowingly hire illegal immigrants. DACA made it possible for “Dreamers” – the term used for qualifying immigrants who would be eventually granted permanent residency.
From a labor poster standpoint, there may be some conflict between the “Right To Work/E-Verify” labor posters, and the Equal Opportunity is the Law (EEO) labor poster. Under the EEO, it is illegal to discriminate based on race, color, religion, or national origin. Yet the “Right to Work” poster states that it is illegal to deny employment or fire an employee based on their citizenship status, or to refuse legally acceptable documents. Employers also can’t fire an employee because of “E-Verify” without giving the employee a chance to resolve the problem.
The problem with repealing DACA is that many of the conditions the Right to Work poster lists, is precisely about the documents that allow for temporary work status applies to DACA. If someone is an illegal alien without any documentation, IRCA has already made it illegal for employers to hire them. There are bound to be contradictions on the different laws, which is why president Trump delayed implementation of DACA’s repeal six months in order to provide congress time to find a solution for people who were already eligible for legal status.
The E-Verify and Right to Work labor posters are available as a combination and can be found here.