Supporting DACA Team Members: A Guide for Employers

Additional Employee Support

For more detailed ways to support your DACA employees in the everyday work environment, please review the suggestions and resources below:

1. Offer immigration legal assistance/counsel for immigration-impacted employees, contractors, and family members of employees, including spouses, parents, siblings, etc. 
   1. We recommend using outside counsel to avoid potential conflicts of interest. 
   2. An initial screening with an attorney could help determine if an employee already qualifies for a legalization pathway even if they don’t know about it yet, such as 245(i) adjustment. 
   3. Other assistance can include supporting legal defense for employees who are detained or encounter other legal troubles arising from losing protections.
2. Arrange employee-centered, supportive offboarding programs for employees who are forced to leave the workplace because they are unable to renew their work authorization or their work authorization lapses while their renewal filings are pending.
   1. Review existing company policies to determine if affected employees can receive separation benefits, including accrued sick leave, vacation leave balances, and continuation of health benefits. 
   2. Consider what health care benefits can be extended despite termination.
3. If your company has an employee assistance program (EAP), remind immigration-impacted employees of available mental health resources. 
   1. If your company does not already have existing EAPs in place, make a list of in-network mental health service providers for easy access, and if superior options are offered only out of network, cover the difference.
4. Host a regular call with senior management, HR, and directly affected individuals to ensure that the company is being attentive to employees’ needs.
5. Host Know Your Rights (KYR) trainings during work hours for all staff that cover an individual’s rights when interacting with law or immigration enforcement at home, in public spaces, and in the workplace. 
   1. Consider using outside counsel to host this training.
   2. Designate an HR Point of Contact for anyone looking for additional resources or assistance. Ensure that they can access this point of contact confidentially.
   3. Establish, communicate, and implement company protocol to protect employee rights should immigration enforcement visit the work site or request employee information from managers. Employers can take these steps while simultaneously ensuring they observe their own legal obligations. 
   4. Plans should include employees’ emergency contact list, attorney’s contact information, family contact, and alien numbers as necessary.
   5. Make trainings private, confidential, and voluntary. (For example, present training as a webinar instead of an in-person or video meeting where attendees are public.)
6. Be sensitive to people’s differing levels of comfort with being public about their immigration status. 
   1. Never “out” somebody to coworkers or speak about somebody’s immigration status with others if that individual has not made explicitly clear that they consent to this information being shared.
   2. Carefully review with your HR leaders all applicable laws and regulations regarding employees’ immigration status and citizenship. It is best to create opportunities for employees to come to you and volunteer information and engagement.
   3. Remember that employees have no legal obligation to inform you of details about their immigration status or benefits.

Solidarity and Service

1. Support local organizations and nonprofits hosting DACA renewal workshops, scholarships for undocumented and immigrant students, or other resources that benefit DACA recipients. Find a list of recommended organizations assisting DACA recipients here.
2. Ask law firms you use whether they will agree now to provide pro-bono legal assistance or other support to local immigrant-serving organizations. You can find a list of organizations here.
3. Support Informed Immigrant’s work with local organizations providing immigration legal services.
   1. Sponsor a legal services clinic for immigration and consular services.
   2. Donate to a Know Your Rights card fund for local immigrant-serving organizations. KYR cards have prevented civil rights violations of undocumented individuals in the past.
   3. Sponsor a local KYR training for a school, faith group, youth group, or other community organization
4. Highlight your company’s support for DACA recipients across your platforms, such as your website and your social media accounts:
   1. Film and share brief videos with company leadership speaking about your company’s organizational support for DACA recipients. Please contact FWD.us if you’d like support on this project.
   2. Show your support on social media.
5. Join the “I Stand With Immigrants” initiative to promote solidarity throughout the calendar year and publicly showcase your support for immigrants and immigration reform.

PAST SUPPORT FROM THE BUSINESS COMMUNITY

“We’re proud to call Dreamers across the country our colleagues, friends and neighbors, and forever inspired by their resilience and strength,” said Business Roundtable Immigration Chair Tim Cook, Apple’s CEO. “Dreamers are as American as anyone born in this country, and our laws should reflect that. Once again, we urge Congress to pass bipartisan legislation that creates a pathway to citizenship, and ends the uncertainty and fear our laws have imposed on these young people for far too long.”

Business Roundtable 

Netflix 10 Ways to Support your Immigrant Coworkers in the U.S.

“We have seen time and again that the overwhelming majority of the American public of all political backgrounds agrees that we should protect Dreamers. DACA recipients have been critical members of our workforce, industries, and communities for years now. Their work and commitment to our companies, their families and communities are critical to our nation’s strength, especially since there are tens of thousands of DACA recipients working as front line doctors and nurses and in other critical industries fighting COVID-19.”

Coalition for the American Dream

The Supreme Court made the right decision today for Dreamers, our economy, and our country. “Removing 700,000 Dreamers protected under DACA from our economy would deny our country talent, future leaders, and an essential piece of the American workforce including teachers, nurses, doctors, farmers, and entrepreneurs.  “But make no mistake, the work is not done. It is long past time for Congress to provide permanent relief for Dreamers. As we said in 2017 when the administration announced the end of the DACA program, deporting Dreamers is ‘contrary to fundamental American principles and the best interests of our country.’” Last year, the U.S. Chamber joined a merits-stage amicus brief with more than 140 companies and business associations in support of the DACA program.

US Chamber

“IBM’s #Dreamers have worked hard and have overcome many obstacles to pursue their education and become talented professionals valued by our company, our clients and our communities.”

Diane Gherson, IBM

“The 478 Dreamers at Apple are members of our collective family. With creativity and passion, they’ve made us a stronger, more innovative American company. We’re glad for today’s decision and will keep fighting until DACA’s protections are permanent.”

Apple CEO Tim Cook

Dreamer Resource Center 

Uber