On June 15, 2012, the Secretary of Homeland Security announced that certain people who come to the United States as children and meet several key guidelines may request consideration for Deferred Action for Childhood Arrivals (DACA). DACA recipients are also eligible to apply for work authorization. Individuals whose cases are deferred and who are granted work authorization will be issued an Employment Authorization Document (EAD).
DACA has two important parts:
Part 1: Under DACA, the Department of Homeland Security (“DHS”) will not deport certain undocumented people and will give them temporary permission to stay in the United States. This temporary permission to stay in the U.S. is called “deferred action.”
Part 2: People who are granted deferred action through DACA will be eligible for an EAD, or “work permit,” that is valid for two years, and they can apply to renew every two years. In other words, they can work “with papers.”
All U.S. employers must complete and retain a Form I-9, Employment Eligibility Veri­fication, for each person hired in the United States. this includes citizens and noncitizens. The Immigration and Nationality Act prohibits employers from discriminating in the Form I-9 process against work-authorized individuals based on their national origin or, under certain circumstances, their citizenship or immigration status.