U.S. Citizenship and Immigration Services is recalling some three-year employment authorization documents erroneously issued under the Deferred Action for Childhood Arrivals program after Feb. 16, the date a federal judge temporarily suspended an expansion of the program.

Employers and employees should be aware that the recall does not affect all DACA recipients who received employment authorization after Feb. 16, but certain individuals must take action immediately.

Individuals who have been contacted by phone, letter or in person by the agency must immediately return their three-year Employment Authorization cards to their local USCIS office. Those who do not return their cards will have their DACA and employment authorization terminated as of July 31. The recall generally does not affect DACA recipients who obtained employment authorization on or before Feb. 16.

DACA recipients who received three-year employment authorization cards after Feb. 16 but have not received notice from USCIS should contact the agency immediately. USCIS has created an online tool and a customer service line (1-800-375-5283) for individuals to verify whether they are required to return their cards.

The recall covers approximately 2,100 employment authorization cards issued after Feb.16 and an additional 500 cards originally issued before Feb. 16 but returned to USCIS as undeliverable and remailed to recipients after Feb. 16. The cards were issued in violation of a court order in an ongoing lawsuit by 26 states seeking to permanently block President Barack Obama’s immigration executive actions. The executive actions sought to expand the original DACA program and lengthened the validity of employment authorization from two years to three years. After the court temporarily blocked the expanded program, USCIS discovered that it had issued the longer three-year cards in error. The lawsuit remains pending.

BAL Analysis: Employers verifying employment status of known DACA recipients should be aware of the limited recall. Individuals who have been notified by USCIS should return their cards immediately or risk termination of their status. Individuals who received three-year employment authorization (or authorization exceeding two years but less than three years) after Feb. 16 but have not been contacted should check their status via the phone line or online tool.

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