Airbnb has become the first major company to pledge to keep employing undocumented immigrants known as “Dreamers” after their work permits expire, defying the Trump administration in what would potentially be a breach of employment law.
The plan, revealed in a statement to the Guardian, distinguishes the company from others in Silicon Valley, where the chief executives of corporations like Facebook and Microsoft have denounced Trump’s decision to rescind a program protecting undocumented immigrants from deportation, but declined to offer specifics of how they will resist.
The Guardian asked 19 major tech corporations if they would lay off their employees who are Dreamers – immigrants brought to the US as children without documentation – if they lose their work permits because of Trump’s elimination of their legal status.
Airbnb spokesman Nick Papas replied in an email: “No. We are 100% committed to protecting Dreamers.”
Despite other CEOs’ public promises to support employees targeted by the president, all the other tech companies refused to say if they would allow Dreamers to continue working for them, or did not respond to inquiries.
It’s unclear how American companies could employ immigrants if their work authorization documents became invalid. Papas did not respond to follow-up questions and declined to comment on how many Dreamers Airbnb currently employs.
Immigrants’ rights advocates in Silicon Valley argued that the tech executives – who have earned widespread media coverage and praise from liberals for opposing the White House – should take a more meaningful stand and pledge to continue employing Dreamers regardless of Trump’s repeal of their rights.
The president faced international backlash across the political spectrum when he announced his decision to phase out the Obama-era program known as Deferred Action for Childhood Arrivals (Daca) by March 2018. Daca, which protected immigrants known as Dreamers, granted temporary status to roughly 800,000 people, allowing them the right to live, study and work legally in the US.
If the Republican-controlled Congress does not, in the next six months, pass legislation to protect Dreamers, they could face deportation to the countries where they were born, even though for many, America is the only home they’ve ever known. Dreamers will also lose their right to work in the US under Trump’s rules.
In response, leaders in the tech industry – which often supports conservative policies despite its liberal reputation – issued perhaps their most vehement rebuke of Trump since his inauguration. Apple’s chief executive, Tim Cook, tweeted the company would “fight for [Dreamers] to be treated as equals” and revealed that more than 250 employees are protected by Daca.
Microsoft’s president said if the government tries to deport an employee, “it’s going to have to go through us to get that person.” Facebook CEO Mark Zuckerberg doubled down on criticisms of Trump’s decision with a live broadcast interview featuring Dreamers.
But all of the major tech firms refused to say if they would defy Trump and continue to employ Dreamers in the long-term.
David Leopold, an immigration attorney and former president of the American Immigration Lawyers Association, noted that employers are obligated by law to check the immigration status of workers and cannot knowingly employ people who lack authorization, putting the companies in a difficult position.
A Facebook spokesperson said the company was not “speculating about the future”. A Microsoft representative pointed to its blogpost saying it would pay for lawyers if the US seeks to deport their employees, but said, “We are unable to provide any further information.”
Despite signing a letter urging Trump to preserve Daca, Google also declined to respond to questions about the fate of its own Dreamers. Companies that either ignored queries or declined to answer questions about its Dreamer workforce include Apple, Twitter, Uber, Lyft, Salesforce, Netflix, eBay, Box, Intel, Oracle, Cisco, LinkedIn, HP and IBM.
Amazon also did not respond to specific questions, but a spokesperson pointed to a declaration the company submitted in support of a new lawsuit challenging Trump, which said at least nine employees are Daca recipients and that the company “will suffer injury” if they lose their status and are deported.
Madhuri Nemali, a Silicon Valley lawyer who represents immigrants in tech, said the big firms should promise to continue employing Dreamers.
“That would be a powerful pledge,” she said. “It’s wonderful all the companies have been coming out with statements … but it’s a lot easier to say you’re going to stand by them when there are no consequences.”
The impact would be more significant if the firms said they would allow Dreamers to stay after Daca expires, she said, sending the message that “it’s not just your lives on the line. We’re standing by you and also willing to go against the law to take a moral stance.”
If the firms were to employ Dreamers without permits, Leopold said, “it would be an incredible statement. It would be unprecedented. The government would have to make a huge decision – are they going to go after major companies or are they going to do the right thing and reinstate Daca?”
Leopold said it was difficult for him to advocate that companies break the law, noting that they could theoretically face sanctions or even criminal charges.
Sarahi Espinoza Salamanca, a 27-year-old Dreamer based in Silicon Valley, who created an app that helps undocumented students with college applications, said she wanted to see tech firms make more specific promises to workers and hoped they would hire Dreamers as independent contractors if they lose authorization.
Although companies aren’t required to check the work status of contractors, they could still be liable for hiring people they know lack permits.
“I hope the tech industry steps up to the plate,” said Salamanca, adding, “A lot of the tech companies were founded by immigrants. They should definitely understand the situation we’re going through.”
Contact the author: sam.levin@theguardian.com
