DACA Recipients with 3-Year EADs Issued After the Injunction Must Return them!

In response to the injunction in Texas v. United States, USCIS is requiring approximately 2,000 individuals to whom 3-year Employment Authorization Documents (EAD) were issued after the February 16, 2015 injunction, to return their EADs to the USCIS by July 17th or show cause.

The USCIS letter sent to the affected individuals stated, “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.”
This does not affect EADs that were issued before the injunction. Also, and most important – these affected individuals have already been issued a new 2-year EAD as a replacement for the invalid 3-year EAD.

The lawsuit, State of Texas, et al v. United States, was filed in December 2014 by 26 states and challenged the expanded Deferred Action for Childhood Arrivals (DACA) and creation of the Deferred Action for Parental Accountability (DAPA) program that President Obama announced on November 20, 2014. On February 16, 2015, a federal district court in Texas issued a preliminary injunction temporarily blocking the expansion of DACA and the implementation of DAPA.

Source of Information:
AILA.org, 7/9/15, AILA Doc No. 15070802:
DACA Recipients with Three-Year EADs Issued After the Injunction Must Return EAD by July 17
Catholic Legal Immigration Network, 5/2/15, Article:
Frequently Asked Questions: DAPA, Expanded DACA, and the Court Injunction

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