AILA Doc No. 15070802 | Dated July 14, 2015
As a result of the judge's July 7, 2015 order threatening contempt citations in the ongoing litigation in Texas v. United States, USCIS advised stakeholders in a telephone call on the evening of July 13, 2015, that it is implementing additional, and in some cases extreme, steps to retrieve approximately 2,500 3-year EAD cards and DACA approvals that were erroneously issued afterthe court's February 16, 2015 injunction temporarily halting implementation of expanded DACA.
Following is a summary of the steps to date, and the steps now being implemented
More recently, USCIS discovered that approximately 500 3-year EADs were approved and mailed prior to the injunction, returned to USCIS as undeliverable, and subsequently re-mailed in error after the injunction. These EADs will also be retrieved by USCIS but due to the fact that they were only recently discovered, they will be dealt with on a compressed timeline:
On February 16, 2015, the U.S. District Court for the Southern District of Texas issued an injunction in Texas v. United States, temporarily halting the implementation of the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and the expansion of Deferred Action for Childhood Arrivals (DACA), as announced by DHS Secretary Jeh Johnson on November 21, 2014. Prior to the injunction, between November 24, 2014 and February 16, 2015, USCIS granted and mailed three-year employment authorization documents (EADs) to approximately 100,000 individuals seeking an extension of their initial DACA grant, in accordance with the terms of the DACA expansion guidance. Though USCIS intended to halt mailings of all three-year EADs as of the date of the injunction, approximately 2,500 three-year EADs were erroneously mailed or re-mailed after the injunction.
On July 7, 2015, the district court ordered the government to demonstrate that it has come into compliance with the court injunction by July 31, 2015, and include a summary of compliance in a report to the court. If the court is not satisfied with USCIS's efforts, it will move forward with a hearing on August 19, 2015, and require the individual senior government officials to show cause as to why they should not be held in contempt. Toward this end, USCIS was advised to:
If you have a client who you believe received a letter, phone call, home visit, or other instruction to return a 3-year EAD card in error, please send an e-mail setting forth the facts to email@example.com, subject line: "DACA 3-Year EAD." Please upload any helpful supporting documentation, such as approval notices, letters, etc.
Cite as AILA Doc. No. 15070802.