THE US Citizenship and Immigration Services (USCIS) is retracting some work permits for DACA recipients.
In June, the Deferred Action for Childhood Arrivals (DACA) program reached its third anniversary, allowing eligible undocumented immigrants who came into the US at a young age to apply for temporary relief from deportation and obtain two-year work permits. Over 665,000 immigrant youth to date have obtained work permits, also known as Employment Authorization Documents (EADs), through the success of DACA.
In its three years, DACA has allowed hundreds of thousands of immigrant youth to live within US borders and pursue their educational and career interests. Over the past year, over 355,000 youth have applied to renew their DACA.
However, a Texas judge’s injunction in the Texas v. US court case temporarily holding President Barack Obama’s executive immigration reform order to expand DACA has caused much confusion.
A November 2014 memorandum from the Department of Homeland Security stated that people with DACA would receive an EAD and DACA for a 3-year, rather than a 2-year period. On Feb. 16, 2015, Judge Hanen issued an order in the Texas v. US case requiring USCIS to no longer issue 3-year EADs. Approximately 2,100 3-year EADs were mistakenly issued after February 16, 2015, and USCIS is seeking to retrieve these 3-year EADs and replace them with 2-year EADs.
USCIS is contacting some past DACA recipients who mistakenly received 3-year EADs after Feb. 16, 2015 (the date of Judge Hanen’s court order), to inform them that they must return these error permits to USCIS by Tuesday, July 21 or risk losing their protected DACA status.
About 900 individuals have yet to return their old 3-year EADs.
USCIS may call these recipients, send a letter, or even make a home visit in a very limited number of cases. However, undocumented individuals should not be alarmed if contacted by USCIS. The order does not involve Immigration and Customs Enforcement (ICE), nor does it affect any other aspect of the DACA program announced in 2012.
People who received their 3-year EAD before Feb. 16, 2015 are not by this and are not required to return their EADs. Immigrant youth who are eligible for DACA can still apply and those with DACA should also apply for a renewal before their EAD expires.
To avoid losing DACA status or work authorization, those who qualify (DACA recipients who received a 3-year EAD leader or are concerned about their situation) can call the USCIS National Customer Service Center (1-800-375-5283) to confirm their receipt of the EAD. Those who qualify should also:
1) Make a copy of your current EAD card, both the front and back, and the 3-year EAD approval notice. Keep these for your records.
2) Visit USCIS at 444 Washington Street, San Francisco CA to present the 3-year EAD card. No appointment is necessary. USCIS walk-up window hours are Monday- Friday 9am- 3pm.
3) Note that the return of the 3-year EAD must be completed on or before July 21, 2015.
Individuals may also contact the City & County of San Francisco’s Office of Civic Engagement and Immigrant Affairs (OCEIA) at 415-581-2360, or Asians Americans Advancing Justice – Los Angeles (213-241-8885 and 213-241-8886) on the matter, and if they have other questions or concerns.
