October 21, 2022

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The Fifth Circuit Court of Appeals has ruled that the Deferred Action for Childhood Arrivals (DACA) is illegal, claiming it violates the Administrative Procedure Act. Furthermore, the court remanded the case to the district court due to a recently published regulation. For now, current recipients of the DACA program will still have protection from deportation, and their employment authorization will remain valid. However, new applications will face rejection. Eventually, the case will reach the Supreme Court for a final decision. Until then, the district court will likely rule on the remanded case.

A three-judge panel for the Fifth Circuit Court of Appeals decided the legality of the DACA program, upholding the district court’s decision. However, the appeals court stayed the decision and sent the case back to the district court because of an issued administration policy to protect the program. This policy allows current DACA recipients to remain in the country, continue working, and renew their work permits but does not allow for new applications.

The case returned to the district court to reconsider the case in light of the Department of Homeland Security’s (DHS) final regulation that codified the DACA program. Unlike the DACA memorandum, the final regulation went through a notice and comment period. However, this might not be enough to convince the district court to change its decision.

The current administration can request a review by the full Fifth Circuit Court, but they will probably need to wait for the district court’s decision on the remanded case. However, regardless of how it rules, the Supreme Court will likely appeal the Fifth Circuit’s opinion.

While debates continue about the issue, the Employment Authorization Documents (EADs) of DACA recipients will remain valid. The DHS does not have to revoke EADs due to the court staying its decision ruling that DACA is illegal. Therefore, DACA recipients can renew their EADs as well.

Employers can continue to employ and hire any DACA recipients. However, these employers must stay in compliance with Form I-9. These changes show how confusing this process can get due to the constant policy changes. The best way to ensure compliance with I-9 regulations is to use an I-9 management tool. This tool will guide employers through every step of the process and safely and securely store the form for easy retrieval.

When it comes to your employees, automation makes eligibility verification quick and simple. Ensure compliance today with I-9 Compliance.

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