Department of Homeland Security (DHS)

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On June 18, 2020, the U.S. Supreme Court issued a decision allowing the Deferred Action for Childhood Arrivals (DACA) program to continue operating. In so holding, the Court found the Department of Homeland Security (DHS) did not provide an adequate justification for terminating the DACA program and, thereby, violated the Administrative Procedure Act (APA).[1] But the Court’s decision does not resolve the matter entirely.

The Court did not rule on the legality of the DACA program itself. Instead, it merely repudiated the way DHS tried to rescind it. Although the Court held the DHS’s justification to terminate DACA was arbitrary and capricious, it recognized the DHS has the authority to rescind the program if it follows the required APA procedure. Thus, the DHS could try again to end the program by explaining more clearly its reasons for doing so.

Below, we answer two questions: (1) What is the status of the DACA program; and (2) What impact will the Court’s ruling have on DACA recipients and employers?Continue Reading Understanding the employment implications of the Supreme Court decision upholding DACA

Employers seeking to continue business operations while also abiding by CDC guidance and other health and safety directives to curb COVID-19 exposure have been struggling with how to adhere to the in-person document review requirements for completing a new hire’s Form I-9.

Yesterday, the Department of Homeland Security (DHS) announced that, in limited circumstances, it will temporarily suspend the Form I-9 physical presence requirements for employers who are implementing remote working arrangements due to COVID-19.

The suspension will last for 60 days after the notice (that is May 19, 2020), or until 3 business days after the termination of a National Emergency designation, whichever comes first.Continue Reading DHS responds to COVID-19 by allowing exceptions to Form I-9 compliance for remote new hires