DHS begins collecting invalid work permits mistakenly issued after a judge’s injunction

DHS begins collecting invalid work permits mistakenly issued after a judge’s injunction

Published 21 July 2015

 

 

When President Barack Obama last year issues his Deferred Action for Childhood Arrivals (DACA) executive order, applicants covered by the order received a three-year work permit, or EADs (Employment Authorization Documents). On 16 February 2015, Brownsville, Texas-based U.S. District Judge Andrew Hanen temporarily blocked Obama’s immigration action. After the temporary injunction was in place, the federal government mistakenly issued the approximately 2,100 three-year permits. The government is calling on those who received the three-year work permit after 16 February to swap them for two-year permits.

Recipients of the Deferred Action for Childhood Arrivals (DACA) who had received a three-year work permits were confused – and scared – when they were informed that there was something wrong with their permits. A few dozen DACA work-permit recipient who rushed to La Union del Pueblo Entero (LUPE) in San Juan, Texas, were relieved to learn the privileges were not being voided. Rather, their 3-year work permits should have been issued as two-year permits, and were now being swapped.
“Approximately 2,100 DACA recipients were issued three-year Employment Authorization Documents, rather than two-year EADs, after the February 16, 2015 court injunction was in place,” according to U.S. Citizenship and Immigration Services (CIS), a DHS agency.
In February, Brownsville, Texas-based U.S. District Judge Andrew Hanen temporarily blocked President Barack Obama’s immigration action after a majority of states filed a federal lawsuit (“Federal judge in Texas temporarily blocks Obama’s executive order,” HSNW, 18 February 2015).
Valley Central reports that after the temporary injunction was in place, the federal government mistakenly issued the approximately 2,100 three-year permits. Corrected two-year EADs [Employment Authorization Documents] have been mailed to those with the incorrect ones, according to CIS.
“They are always trying to make it harder for us, but they are the ones in power,” a man who wished not to be identified said.
The federal government has since been gathering the cards issued after Hanen’s temporary injunction.
“If they don’t respond by the end of July, they run the chance of having their DACA revoked (all together),” Vaughn Cox with LUPE. “Then they could potentially be deported.”
Valley Central notes that immigration officials have gone door-to-door in other cities outside the Rio Grande Valley asking some DACA recipients to turn over their three-year work permits. So far, about half the permits incorrectly issued have been returned and exchanged for the correct ones.
A permit holder who fails to turn over the three-year permit may lose his or her DACA status.
“We just have to adapt to what the rules are. That’s all we can do,” Cox said.
LUPE officials say that those with permit effective after 16 February may have to verify that their privileges are still in effect.
They stress that the recall of the three-year permits does not apply to EADs issued on or before 16 February.