News & Analysis as of

Deferred Action

Rescission of DACA: FAQs for Employers of DACA Beneficiaries (a.k.a. Dreamers)

by Mintz Levin on

Q. When is the DACA program ending? A. The Trump Administration rescinded the DACA program on September 5, 2017, but is phasing out the program over a six-month period that will end on March 5, 2018....more

Trump Administration Rescinds DACA Program

On September 5, 2017, Attorney General Jeff Sessions announced the decision to rescind the Deferred Action for Childhood Arrivals (DACA) program, which was originally adopted in 2012 and provided deferred action (protection...more

What Employers Need to Know about DACA Rescission Announcement

by Vedder Price on

On September 5, 2017, the Trump administration announced that it is rescinding the Deferred Action for Childhood Arrivals (DACA) program. DACA grants eligible individuals employment authorization and promises a grant of...more

What Does DACA Rescission Mean For Employers?

by Fisher Phillips on

Attorney General Jeff Sessions announced earlier today that the Department of Homeland Security will immediately “wind down” the Deferred Action for Childhood Arrivals (DACA) program. This action will affect almost 800,000...more

What the Demise of DACA Means for Employers

by Morgan Lewis on

Absent congressional action, the Trump administration’s decision to wind down the DACA program will end the work authorization of DACA beneficiaries....more

Trump Administration Rescinds the Deferred Action for Childhood Arrivals (“DACA”) Program

by Mintz Levin on

Today the Trump administration rescinded the Deferred Action for Childhood Arrivals (“DACA”) program...more

Immigration Policy and President Trump – Deciphering and Reconfiguring our Immigration System

by Tarter Krinsky & Drogin LLP on

During his campaign, President-elect Trump had promised to place the issue of immigration at the top of his agenda once sworn in as president in January 2017. Some programs may be immediately repealed and others will require...more

A Review of the Supreme Court’s 2015 - 2016 Term

by Franczek Radelet P.C. on

Last week, the Supreme Court ended its 2015-2016 session under a cloud of uncertainty. On February 22, 2016, Justice Antonin Scalia, the stalwart of the Court’s conservative wing for 30 years, passed away. Justice Scalia’s...more

The Employment Law Authority - March/April 2016

A federal appellate court recently held that an employer did not violate the Americans with Disabilities Act (ADA) when it discharged an employee who had been sleeping at work and falling short of the employer’s performance...more

Obama’s Executive Actions on Immigration: An Update to Two Key Initiatives Designed to Enhance the Employment of Highly Skilled...

In November 2014, President Obama issued a number of executive actions designed to make significant changes to the U.S. immigration system. The most controversial initiatives were the deferred action policies aimed at...more

Supreme Court will hear DACA/ DAPA Appeal

The Supreme Court will hear the Obama administration’s appeal of the 5th Circuit Court’s decision to uphold the nationwide injunction of the expansion of Deferred Action for Children (DACA) and implementation of Deferred...more

Actual or Constructive Receipt of Funds During a Code Section 1031 Deferred Exchange is More Than a Bad Hair Day for the Taxpayer

by Garvey Schubert Barer on

Background - Actual or constructive receipt of the exchange funds during a deferred exchange under IRC Section 1031 totally kills an exchange and any tax deferral opportunity. Treasury Regulation Section 1031(k)-1(f)(1)...more

Office of the Chief Administrative Hearing Officer Rejects DACA Recipient’s Document Discrimination Claim

by Littler on

The U.S. Office of the Chief Administrative Hearing Officer (OCAHO) recently published Gonzalez-Hernandez v. Arizona Family Health Partnership, an interesting decision that illustrates the conflict between state laws and the...more

Legal Issues Business Leaders Need to Know in 2015: Top 10 Checklist

by Arnall Golden Gregory LLP on

A compilation of time-sensitive and trending legal and regulatory issues that general counsels and business leaders should be aware of in 2015. Employers Should be Aware of Multigenerational Workforce Risk - For...more

Fifth Circuit Rejects Obama Administration’s Effort to Free Executive Actions From Injunction

On May 26, 2015 a three judge panel for the Fifth Circuit Court of Appeals rejected a request by the Obama administration to lift an injunction currently blocking aspects of President Obama’s executive action on immigration....more

The President’s Executive Actions on Immigration Are Further Delayed

Last Thursday, the U.S. Department of Justice (DOJ) filed an emergency motion with the Fifth Circuit Court of Appeals to lift a preliminary injunction issued by U.S. District Judge Andrew Hanen last month in lawsuit filed by...more

Temporary Injunction Issued Against DAPA And Expanded DACA

Judge Andrew Hanen, a federal judge in South Texas, temporarily blocked President Obama’s executive actions on immigration this past Monday, February 16. The lawsuit was brought by 26 states and Judge Hanen ruled that the...more

Federal Judge Enjoins President’s Immigration Action

On Monday, February 16th, a federal judge in Texas ruled in favor of the state of Texas and 25 other states to halt President Obama’s executive action on immigration, which was announced in November 2014. HRLegalist...more

Forecasting USCIS Delays This Summer

by Proskauer Rose LLP on

As has been widely publicized, on November 20, 2014, President Obama announced Executive Actions on Immigration, including: - Expanding the parameters of his Deferred Action for Childhood Arrivals (DACA) program to...more

Illegal Immigrants and DACA: What Is It and Why Is It Important?

In our blog post on November 17, 2014, we summarized the substance of the White House announcement laying out a number of executive actions that President Obama is taking to address the fact that nearly twelve million...more

Obama’s Executive Actions on Immigration to Affect the Hiring and Retention of Highly Skilled Foreign Employees

The executive actions on immigration that President Obama announced in late November include a hodgepodge of new policies and directives that will impact millions of foreign nationals—both documented and undocumented—now...more

CIS Announces Process for Renewing Enrollment in the Deferred Action for Childhood Arrivals Program

by Cohen & Grigsby, P.C on

Secretary of Homeland Security Jeh Johnson recently announced the process for individuals to renew enrollment in the Deferred Action for Childhood Arrivals (DACA) program. DACA is a discretionary determination to defer...more

Is Deferral to Labor Arbitration Awards in Jeopardy?

The National Labor Relations Board has issued a press release announcing its intention to revisit precedent created under a pair of Board decisions nearly 59 and 30 years old, respectively. The precedent involves under what...more

FATCA Withholding And Reporting Deferred For Six Months

by Pepper Hamilton LLP on

In response to taxpayer concerns about the practicality of meeting certain FATCA compliance timeline dates, the IRS, in Notice 2013-43 issued today, has extended some of those dates and made certain conforming changes. ...more

For Deferred Action Seekers: Many Ways to Prove Qualifications

by Ronald Shapiro on

Roughly one year ago, President Barack Obama announced the availability of a new legal status for undocumented immigrants who were brought to the U.S. as children, allowing them to remain in the country without fear of...more

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