06/22/2020

SCOTUS' DACA Ruling Has Employers Breathing 'a Sigh of Relief'

For now

Employers are breathing "a sigh of relief for today but they still need to remain on guard with DACA employees if they have any or if they plan to hire any in the future," Nandini P. Nair, a partner at Greenspoon Marder, told HR Dive in an interview.

The High Court did not examine the essence of the program, she explained. Rather, it said the administration didn’t approach the rescission in the right way; it failed to give a proper legal justification for its decision to end DACA, so "it can continue to live for another day."

It’s possible the administration could try again, Nair noted: DHS acting deputy secretary Ken Cuccinelli, in a statement following the ruling, called the decision "an affront to the rule of law." "No justice will say that the DACA program is lawful, and that should be enough reason to end it," he continued.

Please select this link to read the complete article from HR Dive.