President Barack Obama’s executive actions on immigration were not upheld by the U.S. Supreme Court. Some of your employees are probably disappointed and unsure of how to move forward. The disappointment they are experiencing and displaying doesn’t mean they are undocumented workers, and you shouldn’t assume they are. Here are some insights for employers in the wake of the Court’s recent decision.
Background on DACA+ and DAPA
by Mary Pivec
Employers face a high cost if they are accused of engaging in discriminatory employment verification procedures. The Office of Special Counsel for Immigration-Related Discrimination (OSC) in the Civil Rights Division of the U.S. Department of Justice (DOJ) has made it a priority to pursue employers that allegedly misuse or abuse their access to the E-Verify program and unlawfully discriminate against applicants and employees in hiring and termination on the basis of their citizenship status or engage in document abuse.
Employers suspected of a pattern or practice of discriminatory employment verification procedures could face months of costly investigation and be forced to pay civil money penalties, back wages, and punitive damages. What’s more, they could be barred from participating in the E-Verify program, lose the right to do business in some areas, and face debarment from federal contracting rights.
Whether the president’s recent series of immigration-related executive actions will survive potential legal challenges and congressional action remains to be seen. For now, set aside your political views (while I love a good political debate, this space is for practical business implications), and let’s focus on how the executive actions will affect employers.
What does the executive action include?
Turn on the news. Open the paper. Click on cnn.com. For months, if not years, immigration has been one of the top stories. Specifically, immigration reform: Will immigration reform happen? When will it happen? And what will it look like if it does happen?
As the 2014 midterm elections draw closer, the immigration reform debate will certainly intensify. And now the White House is joining the conversation, with President Barack Obama threatening to take matters into his own hands. Regardless of their political affiliation or position on immigration reform, employers need to understand what immigration reform means for their day-to-day operations.
by Elaine Young
During the month of May, the Senate Judiciary Committee marked up the comprehensive immigration reform bill that the “Gang of Eight” proposed earlier in the year. In June, we saw the House of Representatives debate over what to add or take away from the bill. Here’s a quick Q&A on how some of the most likely provisions will affect employers. Just a note―the bill is more than 800 pages long, so this is a general summary.
by Elaine Young
President Barack Obama recently announced a new immigration enforcement policy that opens new doors to thousands of immigrant youths. An estimated 800,000 young people have graduated from American high schools but aren’t authorized to work in the United States because they are here unlawfully. The new policy gives them a degree of legal protection from deportation and will authorize employment.
Requirements for “deferred action” status
Under the policy, the U.S. Department of Homeland Security (DHS) will not initiate deportation proceedings against any undocumented youth who meets all of the following five criteria: read more…