Some Tennessee businesses may find themselves affected by the coming end of the Deferred Action for Childhood Arrivals program. While some concern is understandable, it may be advisable for employers to remain cautious and avoid taking impulsive action against DACA recipients. The Center for American Progress estimates that as many as 700,000 people are currently active in the workforce under DACA permits.
Foreign nationals who are DACA recipients typically receive employment authorization cards to allow them to work in the United States. Although such employees are indeed required to provide documentation that they satisfy this requirement, they don’t need to disclose whether they’ve benefited from DACA. While employers may be concerned about expiring work permits, it isn’t permitted to conduct random employment eligibility checks on employees thought to be immigrants.
In addition, employers may face legal penalties if they begin prematurely terminating the employment of DACA recipients before the permits expire. If an employee has already received a job offer, it isn’t allowed to use his or her immigration status as a reason to rescind the offer at a later time. That being said, employers will indeed be required to begin terminating the employment contracts of DACA recipients the day after their permits expire. Some discretion in these matters should be exercised by companies to avoid running afoul of anti-discrimination laws.
Employees who feel they’ve been the victims of workplace discrimination may be entitled to receive financial restitution for any damages they’ve sustained as a result. In such circumstances, an attorney can review and assemble documentation related to the situation in order to better advocate on the employee’s behalf and take the case to court if need be. Securing legal representation can help employees restore a measure of balance to their professional lives.