DACA Rescission. (Beltway Buzz, September 8, 2017)

Author:Mr James J. Plunkett
Profession:Ogletree, Deakins, Nash, Smoak & Stewart

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what's happening in Washington, D.C. could impact your business.

Congress returned this week from its August recess to begin a legislative period of 11 straight weeks in which the U.S. Senate, U.S. House of Representatives, or both chambers will be in session—all the way up to the Thanksgiving holiday. It's a good thing, too, because they sure have a lot to do. So hold on to your pumpkin spice lattes—it's going to be a busy fall. 

DACA Rescission. On Tuesday, the administration rescinded the Deferred Action for Childhood Arrivals (DACA) program. DACA was instituted in 2012 and allows undocumented immigrants who were brought to the United States as children to apply for deportation relief and work authorization. Though new applications will no longer be processed, current DACA recipients will be permitted to retain these benefits until their expiration (which generally occurs two years from issuance). Moreover, current recipients whose benefits expire within six months can reapply until October 5, 2017. The administration is pressuring Congress to provide a legislative solution to the matter by the time this six-month period expires in early March 2018. A few reactions to the DACA rescission:

For the employment law perspective, Marifrances Morrison, Whitney Brownlow, and Sarah J. Hawk have the details. Already, individuals, organizations, and states are lining up to challenge the DACA rescission in court. What are they alleging? Among other claims, at least one author posits that the administration's decision to reverse DACA violates the Administrative Procedure Act. How have employers responded? Approximately 400 business leaders sent a letter to the president urging him to preserve DACA, and the U.S. Chamber of Commerce noted that deporting DACA recipients "is contrary to fundamental American principles and the best interests of our country." Now that Congress must address the issue, the Dream Act (and similar bills) will likely be the starting point for a legislative fix. First introduced in 2001, the Dream Act—which would essentially codify DACA—currently enjoys the support of Republican Senators Lindsey Graham (R-SC), Jeff Flake (R-AZ), and Lisa Murkowski (R-AK). Could they corral Republican colleagues who supported the 2013 comprehensive immigration bill such as Susan Collins (R-ME), John McCain (R-AZ), Marco Rubio (R-FL),...

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