USCIS is asking that all DACA recipients of three-year work authorization cards (EADs) issued on or after February 16, 2015    return the EAD cards to USCIS no later than July 31, 2015.  The reason for the recall is that the three-year extensions were part of President Obama’s November 2014 Executive Order to expand the DACA program to more recipients and to extend their stay from two years to three years at a time. However, this extended DACA program (Deferred Action for Childhood Arrivals) along with DAPA (Deferred Action for Parent Accountability) were put on hold because of a court order in Texas v. United States, No. B-14-254 (S.D. Tex.) that enjoined the Obama administration from carrying out both programs.  The original two-year DACA program and related two-year extensions that started in 2012 are NOT affected by the court order. In addition, USCIS is in the process of sending two-year cards to those who turn in their three-year cards. On February 16, 2015, the court enjoined USCIS from starting the expanded DACA and DAPA programs. However, from November 24, 2014 until the injunction on February 16, 2015, USCIS issued about 100,000 three-year DACA extension cards.  On July 7, 215 the Court ordered USCIS to come into compliance by July 31, 2015.  Thus, this EAD recall applies only to about 2500 EADs issued after the injunction date of February 16, 2015.

This action does not apply to:

• The approximately 108,000 3-year EADs that were approved and mailed by USCIS on or before the Feb. 16, 2015 Texas v. United States injunction date and that have never been returned or reissued by USCIS.
• Two-year DACA EAD cards issued under the 2012 program and related two-year extensions.

To determine if your DACA EAD card is affected, you can use this website widget from USCIS. In addition, see this fact sheet that comes in several languages.

Which letter did you get?

2000 letters went out from USCIS to 3-year EAD DACA recipients (Group I) as follows:

• First Letter: In May 2015, USCIS began sending letters to these 3-year EAD recipients. This first letter instructed the recipient to return the 3-year EAD and made it clear that only 3-year EADs issued after February 16, 2015, need to be returned to USCIS. Recipients were provided a postage paid envelope and were instructed to return the 3-year EAD and all approval notices to a designated USCIS service center address. No deadline was provided. USCIS received approximately 1,100 EADs from this first letter.
• Second Letter: During the week of July 6, 2015, USCIS sent a second letter to those who had not yet returned the EAD. This letter was similar to the first letter, but stated “USCIS must receive your EAD by July 17, 2015. Failure to return the invalid EAD without good cause may affect your deferred action and employment authorization.” Recipients were again provided a postage-paid envelope and were instructed to return the 3-year EAD and all approval notices to a designated USCIS service center address.
• Phone Calls: Also during the week of July 6, USCIS customer service representatives began calling affected individuals and/or their representatives providing instructions for returning erroneously issued EADs.
• Third Letter (New): On July 13, 2015, USCIS sent a third letter to the remaining individuals for whom an erroneously issued 3-year EAD has not yet been received. These individuals are directed to appear at a USCIS field office to return their 3-year EAD, or certify that it has been returned or that it has been lost. This notice indicates that the DACA grant will be terminated, and the EAD declared invalid, effective July 31, 2015, if the recipient does not comply. Even if the individual mails the card or certification back, USCIS indicated that it will still require appearance at the field office.

Another 500 people were issued EADs before the injunction that were undeliverable and were returned to USCIS. They sent them out again after the injunction. Therefore, USCIS is seeking to retrieve these cards, too, and sent out these letters:

• First (and Only) Letter: On July 14, 2015, this group of 3-year EAD recipients will be sent a letter asking them to return their 3-year EAD, or certify that it has been returned or lost by July 27, 2015. This letter includes language that if they fail to comply with the letter, their deferred action and employment authorizations will be terminated “at some future date.”
• Phone Calls: Toward the end of the week of July 13, 2015, USCIS customer service representatives will call affected individuals and/or their representatives and provide instructions for returning erroneously issued EADs.
• Home Visits: Starting the week of July 20, 2015, plain-clothed USCIS officers will begin visiting individual homes to retrieve erroneously-issued 3-year EADs.

How USCIS has gone about implementing the judge’s order leaves something to be desired.  For one thing, this all came up in the last month with a short deadline. Then the deadlines changed, as you can see from the letters above. USCIS is conducting home visits to retrieve cards that were not turned in. This can be very scary for mixed status families, where one or more individuals qualified for DACA and others did not, even though the visits will be conducted by USCIS officers and not ICE officers (who are usually the officers looking for people to deport). Individuals who are visited by USCIS officers (or any other law enforcement officer) should always demand to see identification and should never be asked to pay money or provide banking information. USCIS claims that their officers “will”:

• Attempt to call you in advance of the visit and schedule a time when you’ll be home.
• Show their credentials.
• Only speak with and confirm the identity of the person who was issued the EAD.

If you turn in the card, then your name should be taken off the visit list. If you are visited and already turned in the card, be sure to show the receipt for turning it in. (See below.)

What happens if you fail to turn in a three-year DACA EAD card issued on or after February 16, 2015?

USCIS will terminate your work authorization effective July 31, 2015. Your DACA status could be affected. And, failure to turn it in would be a factor to consider in any future immigration action. Keeping your DACA EAD cards in order is critical to getting a job.

Where do you send in your affected three-year DACA EAD card?

Bring it to the nearest USCIS Field Office. Also, bring a government issued government ID (to get into the building) and any three-year approval notices and/or correspondence received in the mail. You do NOT need an INFOPASS appointment to do this.

What if you no longer have the card or lost it?

Then you must certify that the card is lost or for some other reason you are unable to return it. See this form to use. Acceptable reasons are:

• Lost
• Stolen,
• Destroyed,
• Already returned, or
• For other good cause

If you are missing the three-year approval notice if dated February 16, 2015 or later, you still need to turn in the card if you have it.

If you deliver the card to a USCIS office, will you get a certification or verification that you turned it in?

Yes! And if no one mentions it before you leave the office, be sure to demand one.

What if you moved and never received the approval notice, the card or the request to turn in the card?

All non-US citizens are required by law to keep USICS informed of their address within 10 days of moving.  Failure to keep them up to date on your whereabouts means you may not receive important documents or notices.  There are about 500 cases where people’s cards were undeliverable (see above). Therefore, you should call USCIS at 1-800-375-5283 and select option 1 for English, then select option 8 and also complete form AR-11 and keep a copy for your self. Submit it online or by certified receipt mail.

For more information on this EAD recall, please see the USCIS website notice here.

If you have any questions or if you are not sure if you are an affected DACA recipient who must return your 3-year EAD, contact USCIS Customer Service at 1-800-375-5283 and select option 1 for English, then select option 8, OR contact an experienced immigration lawyer.