Certain DACA Recipients with Three-year EADS Must Return Them to USCIS
In response to the injunction challenging President Obama’s executive action on immigration (Texas v. United States), USCIS is taking extreme measures to retrieve three-year employment authorization documents (EADs) issued to DACA recipients in violation of the court’s order even though the recall only applies to recipients who received the card after February 16, 2015. Such steps included making home visits to obtain the cards. There are more than 100,000 other DACA recipients with valid three-year EADs who do not need to return them.
As of August 5, 2015, USCIS has accounted for over 99 percent of the approximately 2,600 identified invalid work permits requiring return. USCIS sent multiple letters to such recipients warning them that they must return the EAD by July 17, 2015. Failure to return the invalid EAD without good cause, USCIS warned, may affect the recipient’s deferred action and employment authorization. Indeed, USCIS reports that 22 recipients failed to respond to the recall, and their DACA has been terminated.
Meanwhile, the DHS Inspector General found no evidence that USCIS deliberately violated the court’s injunction when it issued the three-year EADs after the court enjoined the November 2014 executive actions on immigration.