DOJ's Office of Special Counsel Releases New Flyer for DACA Recipients

Author: Melissa A. Silver, XpertHR Legal Editor

February 26, 2014

The Department of Justice (DOJ), Office of Special Counsel (OSC), recently published a new Know Your Rights flyer aimed at workers with Deferred Action for Childhood Arrivals (DACA) status and the supporters who represent them. The flyer, published in English and Spanish, furthers the OSC's mission to ensure that employers do not discriminate against individuals who are permitted to work in the US.

The deferred action program applies to young individuals who were brought into the US as children and meet certain criteria to be considered for relief from removal from the US or from entering into removal proceedings. In order to be eligible for deferred action, an individual must demonstrate through verifiable documentation that he or she:

  • Was under age 16 when he or she arrived in the US;
  • Has resided continuously in the US for at least five years preceding June 15, 2012 and was present in the US on June 15, 2012;
  • Is currently in school, has graduated from high school, has obtained a general education development certificate or is an honorably discharged veteran of the US Coast Guard or US Armed Forces;
  • Has not been convicted of a felony offense, a significant misdemeanor or offense, multiple misdemeanor offenses or does not otherwise pose a threat to national security or public safety; and
  • Is not more than 30 years old.

The flyer informs individuals with DACA status of the types of employer actions that are discriminatory. In particular, the flyer addresses the following four questions specific to employment authorization:

  • How can I tell if an employer is discriminating against me?
  • What if my employer fires me for coming forward with new employment authorization and/or identity documents?
  • Must I disclose my DACA status?
  • How will I be affected if my employer uses E-Verify?

The OSC answers each of these questions by providing detailed explanations of the types of actions employers are prohibited to take.

Last year, the United States Citizenship and Immigration Services (USCIS) released a fact sheet and frequently asked questions that guide employers regarding work authorization of deferred action recipients. Although the new flyer is written for employees, employers should review it in conjunction with the USCIS publications to ensure that their employment verification practices are compliant.