Your Work Permit and Deportation: The Unvarnished Truth
Understanding Your Work Permit Deportation Risk
Work permit deportation is a harsh reality that catches many immigrants off guard. Despite holding a valid Employment Authorization Document (EAD), you can still face removal proceedings and be forced to leave the United States.
Quick Facts About Work Permit Deportation:
Your work permit is NOT a shield - It's a temporary benefit, not permanent protection
Criminal convictions trigger deportation - Even minor crimes can start removal proceedings
Policy changes end programs - Over 1.1 million TPS holders face potential termination
Status violations matter - Working outside your permit conditions creates deportation risk
Missing court = automatic removal - Ignoring a Notice to Appear leads to deportation orders
The unvarnished truth is simple: your work permit depends entirely on your underlying immigration status. When that status ends or gets violated, your work authorization disappears and deportation becomes likely.
This misconception has serious consequences. Many work permit holders believe they're safe from removal because they can legally work. But as immigration attorney Matthew Boaz notes, the current administration has been "jettisoning typical guidelines and procedures" to target even those with legal status.
The research shows that over 2 million work authorizations are currently at risk due to policy changes. From DACA recipients to TPS holders, having a work permit offers no guarantee you'll stay in America.
The Critical Difference: Work Permit vs. Legal Immigration Status
Here's where many people get tripped up. It's understandable—immigration terms can be confusing. The most common mistake is thinking a work permit equals permanent legal status.
What is a Work Permit?
Your Employment Authorization Document (EAD) is proof from the United States Citizenship and Immigration Services (USCIS) that you may work in the U.S. for a set period.
Key points:
It is a permission to work, not an immigration status by itself.
It exists because you qualify under another immigration category.
What is Legal Immigration Status?
Your legal immigration status is the foundation that authorizes you to be in the U.S. It may include:
Permanent residents (green card holders)
Asylees and refugees
TPS holders
DACA recipients (deferred action)
Visa holders (e.g., F-1 students, H-1B workers)
Humanitarian parolees
Each category has distinct rules and time limits. Your EAD is valid only as long as the underlying basis remains valid.
The Key Takeaway
If the underlying status is terminated, expires, or is violated, your work authorization ends and you may be placed in removal proceedings. For example, if DACA or TPS ends or an individual’s eligibility is revoked, both protection from removal and work authorization typically end together.
Grounds for Deportation: How a Work Permit Holder Becomes a Target
Now that the distinction between a work permit and legal status is clear, here are the most common situations where someone with a valid EAD can still face work permit deportation.
Termination of Underlying Status
Many EADs rely on temporary or discretionary programs.
Designations and policies can change due to agency action, litigation, or shifts in national policy.
When a program ends (or an individual’s eligibility ends), both lawful presence and the EAD typically expire.
Consider the scale: over 1.1 million people currently hold TPS, a designation that can be modified or terminated by DHS.
DACA and certain parole programs have also been affected by policy changes and court rulings, creating uncertainty for hundreds of thousands of people.
Criminal Convictions and Your Risk of Work Permit Deportation
Immigration law treats certain offenses as deportable regardless of how minor they may seem in criminal court.
Categories include:
Aggravated felonies (broader in immigration law than in criminal law)
Crimes involving moral turpitude (often involving fraud, theft, or intentional harm)
Drug-related offenses
Domestic violence-related offenses
Even older convictions can lead to removal proceedings.
If you have any criminal history, consult an immigration attorney. Learn more about What Crimes Are Eligible for Deportation.
Immigration Violations and Fraud
Misrepresentation or fraud in applications (visa, green card, work permit, etc.) can trigger removal.
Status violations include overstaying a visa, working outside authorization, or failing to maintain required conditions (e.g., student status requirements).
International students must adhere strictly to status rules (full course load, employment limits).
Even permanent residents can face issues for actions suggesting abandonment (e.g., prolonged absences or certain tax filings).
The government may initiate proceedings for several reasons, including fraud and status violations.
The U.S. Government's Process for Work Permit Deportation
When the government pursues work permit deportation, a defined legal process follows. Understanding each step helps you protect your rights.
The Notice to Appear (NTA)
An NTA formally starts removal (deportation) proceedings.
It lists factual allegations and the legal charges.
It provides hearing details (date, time, location). Do not ignore it.
Immigration Court Proceedings
Your case is heard by an immigration judge (EOIR).
The government must establish removability by "clear and convincing evidence".
You will have a Master Calendar Hearing (procedural) and, if contested or if seeking relief, an Individual/Merits Hearing where evidence and testimony are presented.
Depending on the case, evidence can include criminal records or even tax filings in abandonment-of-residency disputes.
Your Rights and the Importance of Defense
You have the right to be represented by an attorney (at your own expense).
You may present evidence, call witnesses, and apply for relief from removal.
You generally may appeal an adverse decision to the Board of Immigration Appeals (and, in some cases, federal circuit courts).
Agents generally cannot enter your home without a judicial warrant; at borders, CBP has broader authority, but green card holders cannot be denied entry solely for lack of documents (they can be inspected and, if appropriate, placed in proceedings).
Never miss a hearing—failure to appear can result in an in absentia removal order.
Guerra Bravo Law Firm leverages more than 14 years of insider experience with ICE and DHS to build custom Removal Defense strategies.
Frequently Asked Questions about Work Permit Deportation
We know work permit deportation concerns can be stressful. Here are concise answers to common questions we hear.
Can my work permit be revoked?
Yes. USCIS can revoke or decline to renew an EAD if you are no longer eligible—most often because your underlying immigration basis ended or you violated its conditions.
What should I do if I receive a Notice to Appear (NTA)?
Do not ignore it. An NTA initiates removal proceedings.
Contact an experienced immigration attorney immediately to review the charges and identify defenses or relief.
Attend all hearings; if necessary, request time to obtain counsel.
Can a minor crime lead to work permit deportation?
Possibly. Immigration consequences are governed by immigration law, not criminal sentencing. Offenses considered minor in criminal court can still trigger removability under immigration statutes. If you have any criminal history, consult an immigration attorney promptly.
Conclusion: Protecting Your Right to Live and Work in the U.S.
Key Summary
A work permit is a temporary privilege. Your ability to live and work in the U.S. depends on maintaining the underlying legal basis for your presence.
Proactive Steps
Understand the specific conditions of your status and follow them closely.
Stay informed about policy or litigation developments affecting your category.
Avoid conduct that could lead to criminal charges or status violations.
The Value of Experience
When removal is on the table, experience matters. At Guerra Bravo Law Firm, our founder brings over 14 years of insider experience with ICE and DHS to develop individualized, battle-tested strategies.
Take Action Now
If you or a loved one is facing removal proceedings or received an NTA, act quickly. Missing a hearing can result in an automatic removal order. Contact our team to build your Removal Defense strategy and protect your future in the United States.
