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USCIS Requires DACA Recipients Receiving 3-Year EAD’s After 2/16/2015 to Return EADs by 7/17/2015

To meet the terms of a recent injunction issued by Federal Judge Andrew Hanen in Texas v. United States, U.S. Citizenship and Immigration Services (USCIS) is requiring individuals who received 3-year Employment Authorization Documents (EADs) and may have received 3-year approval notices for Form I-821D (Consideration of Deferred Action for Childhood Arrivals or “DACA”) after Feb. 16, 2015, to return those documents to USCIS by July 17, 2015.

An order in the Texas v. United States litigation was issued by Judge Hanen on July 7, 2015 setting Aug. 19 as the date for a hearing on the approximately 2,000 3-year EADs issued after the Feb. 16 injunction was filed. The Order states, “this Court expects the Government to be in full compliance with this Court’s injunction. Compliance as to just those aliens living in the Plaintiff States is not full compliance.” Judge Hanen, a George W. Bush appointee, issued the February injunction in connection with the a lawsuit filed by 26 states and led by Texas to halt the Obama administration’s executive action on grounds that it is unconstitutional. The Texas v. United States case is creating significant delays putting President Obama’s executive action on immigration in peril of never being implemented, particularly as he only has 18 months of his presidency left.

*Special thanks to Corey D. Lyles for his valuable contribution to this blog post.

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About this Author

Ian R. Macdonald, Greenberg Traurig Law Firm, Atlanta, Immigration, Labor and Employment Attorney
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Ian R. Macdonald is Co-Chair of the Business Immigration & Compliance Practice and Co-Chairs the firm’s Labor & Employment Practice’s International Employment, Immigration & Workforce Strategies group. He focuses his practice on developing, assessing and managing global mobility programs for multinational companies on a range of challenges affecting the movement of people capital domestically and internationally, including secondment agreements, benefits transferability, local host country employment concerns and immigration.

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