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1 1 (January 15, 2019)

handle is hein.crs/govyjw0001 and id is 1 raw text is: Congressional ______ *.Research Service Are DACA Recipients Eligible for Federal Employment? January 15, 2019 The Immigration and Nationality Act (INA) prohibits employers, including federal agencies, from knowingly hiring non-U.S. nationals (aliens) who are not authorized to work in the United States. By statute, certain aliens are generally authorized to work in the United States, and the Secretary of the Department of Homeland Security (DHS), by regulation, may enumerate additional categories of aliens who may obtain permission to work. Using this power, DHS has generally permitted aliens who obtain relief under the Deferred Action for Childhood Arrivals (DACA) program to seek employment in the United States. Aliens who qualify for DACA relief-namely, certain aliens who came to the United States as children, lack lawful immigration status, and have not engaged in activities that render them ineligible for relief-may be permitted to remain in the United States and receive work authorization for renewable two-year periods. (In 2017, the Trump Administration announced that it would rescind DACA; but as detailed in this Sidebar, several federal district courts have enjoined most aspects of the announced rescission from taking effect.) While DACA recipients may obtain work authorization and certain other benefits, annual appropriations enactments restrict federal employment eligibility for most non-U.S. citizens, including DACA recipients. In the last few years, there has been some debate over whether DACA recipients should be eligible for federal employment, and, in particular, whether they should be able to work as paid federal employees in congressional offices. This Sidebar briefly examines laws governing the employment of aliens in the United States, including restrictions on federal employment and their application to DACA recipients. Federal Restrictions on Alien Employment Under INA § 274A, it is unlawful for a person or other entity ... to hire, or to recruit or refer for a fee, for employment in the United States an alien knowing the alien is an unauthorized alien. The provision also bars the continued employment of an alien found to be unauthorized. These restrictions apply to any person or other entity that hires, recruits, refers for employment, or continues to employ an alien known to lack employment authorization. These limitations apply not only to private entities, but also to an entity in any branch of the federal government; federal regulations implementing this provision, in turn, define an entity as any legal entity, including but not limited to, a corporation, partnership, joint venture, governmental body, agency, proprietorship, or association. Covered entities must also comply Congressional Research Service https://crsreports.congress.gov LSB10244 CRS Legal Sidebar Prepared for Members and Committees of Congress

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