July 17, 2015
After President Obama’s recent Executive Action, which included an expansion of DACA (Deferred Action for Childhood Arrivals), ordered late last year, USCIS began issuing work permits valid for three years to DACA recipients. In February, a US District Court judge in Texas issued a temporary injunction against President Obama’s order. After the injunction, USCIS was only authorized to issue two-year work permits for DACA holders. But following the injunction, USCIS continued to issue three-year work permits to about 2500 people.
USCIS is now recalling all three-year work permits issued on or after February 16, 2015, including 500 that were issued before February 16, but, due to a mailing error, were only mailed after February 16. If a DACA recipient with a mistakenly issued three-year work permit does not return the permit by the end of the month, they could lose their DACA status. Affected individuals will receive a two-year work permit upon return of the invalid three-year work permit.
Though USCIS sent letters to those affected by the mistake, only 1000 of the 2500 erroneously issued work permits have been returned. USCIS has begun making phone calls and even in-person visits to those with outstanding three-year work permits.
If you believe you may be affected, you can visit USCIS’s website for more information on whether you have an erroneously issued work permit and how to return the card.