Companies should prepare themselves for potential DACA-related employee losses if Congress fails to pass protective legislation, as suggested by legal experts like Shin-I Lowe. To avoid such losses, here are some steps companies can take:
- Reevaluate Employee Work Authorizations: Ensure all employees complete Form I-9, verifying their work eligibility and identity. Be mindful of federal non-discrimination laws, treating all candidates equally and avoiding any biases based on foreign-born appearances or non-U.S. accents.
- Keep I-9 Compliance Up-to-Date: Create a written policy detailing I-9 completion and retention procedures. Regular audits will help identify and correct any discrepancies, ensuring consistency in completing and maintaining I-9 documentation.
- Prepare for Potential Workplace Raids: Develop a plan for dealing with workplace raids, especially for industries with a significant undocumented workforce. Consulting legal counsel and following best practices can ensure compliance and reduce legal risks.
- Advocate for DACA Recipients: Support DACA recipients by helping them with DACA renewals and advocating for their employment-based opportunities. Provide legal screenings to undocumented students to explore other potential options given the program's precarious status.
- Stay Informed: Monitor changes in DACA policy and legal developments to prepare for shifts in the program's status, such as a possible change in the Department of Justice's stance on defending DACA.
By adhering to these suggestions, companies can minimize the risks of DACA policy changes and stay up-to-date with immigration law compliance.
