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Dreamcatcher: How California Can Protect Its Daca Recipients’ Work Authorization, Eddie Corona, Kyle Heitmann
Dreamcatcher: How California Can Protect Its Daca Recipients’ Work Authorization, Eddie Corona, Kyle Heitmann
Immigration Law & Policy Practicum Projects
This memorandum details the legal means by which the State of California may enact work authorization for DACA recipients in the event the program is rescinded. Using similar, previous state-level initiatives as inspiration, this memo examines the parameters constraining possible legislative action. Because work authorization is federally regulated, these constraints include preemption and supremacy clause limitations on state and local lawmaking. This means that, if DACA is rescinded, California could pass a law allowing former recipients to continue working. However, because of the Supremacy Clause, California would need permission from the federal government to implement the bill. After explaining the …