Navigating the complexities of immigration law can be challenging, especially when dealing with fragile or quasi-immigration statuses like DACA or TPS. These statuses differ significantly from other temporary or nonimmigrant visa categories, and their vulnerability during political shifts makes it essential for employers to understand how to support their workforce.
What Are Quasi and Fragile Immigration Statuses?
Quasi and frafile immigration statuses refer to those allowing individuals to remain in the U.S. but not under traditional lawful nonimmigrant or immigrant statuses. Programs like DACA (Deferred Action for Childhood Arrivals) and TPS (Temporary Protected Status) fall under quasi status, while parole programs, such as Uniting for Ukraine and the Afghan parole program, are considered fragile statuses.
- Quasi Status: Established through a formal notice-and-comment rule making process, quasi statuses are more protected but not permanent. Any changes require a legal process, making them slightly more secure than fragile statuses.
- Fragile Status: These are typically implemented through executive orders, making them more vulnerable. A change in administration could result in an immediate end to these programs, which rely on executive discretion.
The Impact of Administration Changes
The political landscape significantly affects immigration policies, especially for quasi and fragile statuses. Under a pro-immigration administration, these programs are more likely to be protected or expanded. However, an administration unfavorable to these protections could take quick steps to dismantle programs like DACA, TPS, or parole programs.
Key Takeaways for Employers
Employers should be aware of which of their employees may fall under these categories and proactively support them in transitioning to more stable immigration statuses, if possible.