An article in the Society for Human Resource Management (SHRM Online) reported that the preliminary injunction that barred enforcement of President Barack Obama’s Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and expanded Deferred Action for Childhood Arrivals (DACA) could extend into this summer, or even later.
On April 17, 2015, a panel of the United States Court of Appeals for the Fifth Circuit heard the federal arguments for the preliminary injunction to stay, reports the article. Buchanan Immigration attorney Yova A. Borovska tells the publication that “The arguments were related to the motion to stay and there will be a separate hearing on the merits of the DAPA and DACA injunction. Most immigration legal professionals expect that DHS [Department of Homeland Security] will ultimately prevail on the merits. Briefing on the merits is expected in mid-May, and oral arguments to follow, likely in the summer.” She says that it’s possible that a decision on the stay will not be issued until the merits have been resolved.
Borovska also reminded employers and their HR professionals that, while DAPA and expanded DACA have been temporarily enjoined, DACA as it was initially established in June of 2012, has not been halted. Therefore, employers will continue to encounter Employment Authorization Documents for DACA beneficiaries as part of the I-9 compliance process and such documents will not necessarily be forged or fraudulently-obtained.