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Immigration Publications

DACA | Wind-down & Recession of June 15th Memo

Charles Pascal Cohen

On September 5, 2017, President Trump announced the wind-down of DACA. According to the White House, “this is a gradual process, not a sudden phase out”. USCIS has rescinded the June 15, 2012 DACA Memorandum. Below are a few pertinent points on the rescission.

  1. New applications for work permits will not be accepted after September 5, 2017.
  2. All existing work permits will be honored until their date of expiration up to two full years from September 5, 2017.
  3. Applications already in the pipeline will be processed.
  4. The Department will continue to accept and adjudicate renewal applications for those facing “near-term expiration” * if filed and accepted by USCIS by 10/5/2017).
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Immigration Status and Work Authorization is irrelevant and does not bar recovery of back-pay for work performed in Wage and Hour Cases

Charles Pascal Cohen

Immigration status is irrelevant for the purposes of backpay, and has generally been protected from discovery in FLSA and NYLL cases. Undocumented workers are often taken advantage of by unscrupulous employers who deny minimum wage and overtime benefits to such employees. Often, employers understand that undocumented workers will not bring a claim against the employer for money earned and not paid, for fear of implicating their immigration status in any court proceeding and thereby adversely affecting any attempts to procure an immigration benefit, or worse.

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