Deferred Action: Immigration Employment

One of the documents applicants for Deferred Action can use to establish the time they have spent in the United States is an employment verification form. This poses a conflict because undocumented workers are not allowed to work legally in the country. If an employer knowingly hires someone who is undocumented, that employer is breaking the law.

The USCIS has been asked questions regarding the matter. If an employer provides employment verification to an employee requesting Deferred Action, will the employer be in trouble with the government? The USCIS says that the information provided will not be shared with the U.S. Immigration and Customs enforcement, ICE, unless there are “egregious violations of criminal statutes or widespread abuses.”

This means that an employer can provide the verification for his employee without fear of repercussions unless there are glaring instances of repeated violations. But does that really give an employer certainty that he will not be in trouble?

Some organizations say that if an employee needs employment verification in order to apply for Deferred Action, the employer might have to fire him. If an employee is asking for Deferred Action, it means that he is undocumented, and if an employer continues to employ him, some think it could definitely affect the employer. But it is uncertain if this would be true.

Since the Deferred Action program is such a new program, some things are still a bit hard to understand. But one thing has been stressed time and time again: Everything is dealt at a case-by-case basis, including employment relationships. The Department of Homeland Security says they are not interested in using Deferred Action to pursue individuals.