I will comment below. For now, I pass on the key FAQs for employment of DACA individuals. The FAQ pull-out is here: https://www.dhs.gov/news/2017/09/05/frequently-asked-questions-rescission-deferred-action-childhood-arrivals-daca. The term EAD means Employee Authorization Document—in effect, a work permit.
Q6: What happens when an individual’s DACA benefits expire over the course of the next two years? Will individuals with expired DACA be considered illegally present in the country?
A6: Current law does not grant any legal status for the class of individuals who are current recipients of DACA. Recipients of DACA are currently unlawfully present in the U.S. with their removal deferred. When their period of deferred action expires or is terminated, their removal will no longer be deferred and they will no longer be eligible for lawful employment.
Q14: Is there a grace period for DACA recipients with EADs that will soon expire to make appropriate plans to leave the country?
A14: As noted above, once an individual’s DACA and EAD expire—unless in the limited class of beneficiaries above who are found eligible to renew their benefits—the individual is no longer considered lawfully present in the United States and is not authorized to work. Persons whose DACA permits will expire between September 5, 2017 and March 5, 2018 are eligible to renew their permits. No person should lose benefits under this memorandum prior to March 5, 2018 if they properly file a renewal request and associated application for employment authorization.
Q15: Can you provide a breakdown of how many DACA EADs expire in 2017, 2018, and 2019?
A15: From August through December 2017, 201,678 individuals are set to have their DACA/EADs expire.
Of these individuals, 55,258 already have submitted requests for renewal of DACA to USCIS. In calendar year 2018, 275,344 individuals are set to have their DACA/EADs expire.
Of these 275,344 individuals, 7,271 have submitted requests for renewal to USCIS.
From January through August 2019, 321,920 individuals are set to have their DACA/EADs expire.
Of these 321,920 individuals, eight have submitted requests for renewal of DACA to USCIS.
…
Employer Sanctions
The employer sanctions provision of the Immigration Reform and Control Act of 1986 prohibits employers from hiring, recruiting, or referring for a fee aliens known to be unauthorized to work in the United States. Violators of the law are subject to a series of civil fines for violations or criminal penalties when there is a pattern or practice of violations.
… [END FAQ]
In my 2015 article in Georgetown Immigration Law Journal, I explored sanctions against employers who violate work authorization requirements. From approximately 2000-2013 [Bush and Obama years], the average sanction for employers and aliens was a civil fine of $500-$1,000. Criminal sanctions were only applied to individuals who coordinated evasion of the law—e.g., people who forged and sold documents.
The law affords, however, a criminal sanction. Would the Trump administration seek a prison term for an employer who does not comply with the law? My educated guess is yes, subject to defining "pattern" (guessing two violations).
I leave on this note. The lawyers who serve as anti-immigration architects have long devised “self- deportation” laws.
The current situation shows how this could work out. A 25-year-old nurse who has a valid EAD that is due to expire next October might start to look for a safe haven right now—the point is that the nurse will explore self-deportation options.
An interesting question is whether some nations will treat our dreamers as candidates for asylum—in other, victims of inhumane political or ethnic prejudice. It’s a matter of perspective. But it’s plausible, in my judgment.
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