What to Do if USCIS has Contacted Your Clients and Members
LOS ANGELES (July 15, 2015) — This past June, the Deferred Action for Childhood Arrivals (DACA) program reached its third anniversary. The program allows eligible undocumented immigrants who entered the country at a young age to apply for temporary protection from deportations and two-year work permits (also known as Employment Authorization Documents or EADs). To date, over 665,000 immigrant youth have received their DACA. Over the past year, over 355,000 immigrant youth have applied to renew their DACA.
The success of DACA is clear. It has allowed hundreds of thousands of immigrant youth to live without fear of deportation and pursue their interests. However, there has been much confusion regarding the hold placed by Judge Hanen in the Texas v. U.S. case and how this affects DACA. The following document has been created in hopes of clarifying some of the confusion for your clients and members:
How does the Texas v. U.S. case affect DACA?
A November 20, 2014, Department of Homeland Security Memorandum states that people with DACA would receive an EAD and DACA for a 3-year, rather than a 2-year period. On February 16, 2015, Judge Hanen issued an order in the Texas v. U.S. case requiring USCIS to no longer issue 3-year EADs. Approximately 2,100 3-year EADs were issued after February 16, 2015, and USCIS is seeking to retrieve these 3-year EADs and replace them with 2-year EADs. The order does not affect any other aspect of the DACA program announced in 2012. Immigrant youth who are eligible for DACA can still apply and those with DACA should also apply for a renewal before their EAD expires.
On July 7, 2015, Judge Hanen ordered the Government to show compliance with the February 16th order by July 31, 2015.
In order to comply with Judge Hanen’s order, USCIS is retracting 3-year EADs for people who either received a DACA approval notice and an EAD card after February 16, 2015 (the date of the court order) and for people who received their approval notice before February 16th but whose EAD card was issued after February 16 th. USCIS mailed a letter to these individuals requesting that they must mail back their 3-year EADs. They will be granted new EADs for a 2-year period. USCIS has also called individuals to inform them of this. There are about 900 individuals who have yet to return their 3-year EADs.
If people received their 3-year EAD before February 16, 2015, they are not affected by this and are NOT required to return their EAD.
USCIS is considering taking more serious steps to collect these 3-year EADs and has sent new letters informing people that their deferred action and EAD might be terminated if they don’t return their 3-year EADs. If people are in this situation, what can they do?
If they meet the criteria and have already sent back their 3-year EAD, they can call the USCIS National Customer Service Center (1-800-375-5283) to confirm their receipt of the EAD.
If they have not returned their EAD, they can follow the instructions directed on the last letter sent by USCIS. If they are able to, they can return their 3-year EAD by hand to their local USCIS office. They can call the USCIS National Customer Service Center to find the office closest to them.
If you or your members have any questions, feel free to contact any of the following entities:
If they received a letter or call from USCIS regarding your 3-year EAD, it is important that they take the notice seriously because you may suffer adverse consequences. They can call the USCIS National Customer Service Center: 1-800-375-5283.
They can contact Asians Americans Advancing Justice-Los Angeles (213-241-8885 and 213-241-8886) on this issue and if they have questions or concerns.
It is our understanding that USCIS has informed at least the Mexican consulates of these developments. Here are some of their locations:
Los Angeles: (213) 351-6800
2401 W. 6th St, Los Angeles, CA 90057
Chicago: (312) 738-2383
204 S. Ashland Ave., Chicago, IL 60607
Houston: (713) 271-6800
4507 San Jacinto St, Houston, TX 77004
Dallas: (214) 932 8670
1210 River Bend Dr, Dallas, TX 75247
# # #
Asian Americans Advancing Justice – Los Angeles is the nation’s largest Asian American, Native Hawaiian and Pacific Islander (AANHPI) legal and civil rights organization and serves more than 15,000 individuals and organizations every year. Founded in 1983 as the Asian Pacific American Legal Center, Advancing Justice – LA’s mission is to advocate for civil rights, provide legal services and education, and build coalitions to positively influence and impact Asian Americans and Pacific Islanders and to create a more equitable and harmonious society. Through direct legal services, impact litigation, policy analysis and advocacy, leadership development and capacity building, Advancing Justice – LA seeks to serve the most vulnerable members of the AANHPI community while also building a strong AANHPI voice for civil rights and social justice.