*Some* DACA Recipients With Three-Year EADs Must Return EAD by July 17

 

In response to the injunction in Texas v. United States, USCIS is requiring approximately 2,000 individuals to whom 3-year EADs were issued after the injunction to return their EADs to USCIS.
Note that this does not affect EADs that were issued before the injunction.

USCIS has sent letters to affected DACA recipients. The first letter instructs the recipient to return the 3-year EAD and makes it clear that only 3-year EADs issued after February 16, 2015 need to be returned to USCIS. The second letter is being sent to those affected individuals who have not yet returned their 3-year EADs, stating "USCIS must receive your EAD by 7/17/15. Failure to return the invalid EAD without good cause may affect your deferred action and employment authorization."

On July 7, 2015, Judge Hanen in the Texas v. United States litigation issued an Order setting a hearing for August 19, 2015, to discuss the approximately 2,000 three-year EADs that were issued after the injunction was issued. The Order states, "this Court expects the Government to be in full compliance with this Court's injunction. Compliance as to just those aliens living in the Plaintiff States is not full compliance."


NOTE to our clients: If you were issued a work authorization card valid for 3 years AFTER February 16, 2015, please contact our office.

If you have a card valid for 3 years that was issued BEFORE February 16, 2015, you do NOT have to return it.