DACA and DAPA And Form I-9, Oh My! Does Prior Document Fraud Require Termination?

President Obama's recent decision to take executive action on immigration may cause confusion for some employers with regard to Form I-9 compliance.

The action includes two initiatives that potentially impact Form I-9 recordkeeping — enhancements to the Deferred Action for Childhood Arrivals (DACA) program and the creation of a similar program for parents of U.S. citizens and lawful permanent residents who have been in the country since January 1, 2010, to be known as the Deferred Action for Parental Accountability (DAPA).

DACA and DAPA allow individuals to apply for temporary relief from deportation if certain conditions are met. Both programs also provide eligible applicants with employment authorization.