The Expired Work Permit
You are an armed guard at a federal building. A contractor arrives to service the HVAC system. He presents a state-issued driver's license and a work order from his company. The work order lists his name as 'Jose Martinez' and the company as 'CoolAir Services.' His driver's license shows the name 'Jose Martinez' and an address in the same state. You check the work order against the company's approved vendor list; CoolAir Services is listed. You ask for a second form of ID. He presents a permanent resident card (green card) that expired eight months ago. He says he has a receipt showing he applied for renewal. He does not have the receipt with him. He is polite and cooperative. Your post orders require two forms of government-issued ID, one of which must be a photo ID, and require that all IDs be unexpired. The post orders also state that expired IDs may be accepted only with a supervisor's approval and a secondary verification of employment.
1. What are the issues with the IDs presented, and what should you do?
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The driver's license is a valid, unexpired government-issued photo ID, so it satisfies one requirement. The permanent resident card is expired, which violates the post order requiring unexpired IDs. The guard cannot accept it without supervisor approval and secondary verification. The guard should: (1) Inform the contractor that the green card is expired and cannot be accepted without supervisor approval. (2) Ask if he has any other unexpired government-issued ID (e.g., passport, military ID). (3) If not, call the supervisor on duty and explain the situation. (4) If the supervisor approves, perform secondary verification: call CoolAir Services using a number from the approved vendor list (not a number the contractor provides) to verify his employment and identity. (5) Document the expired ID, the supervisor's name, the time of approval, and the results of the verification. (6) If the supervisor does not approve or verification fails, deny entry and ask him to return with valid ID or have his company send a compliant employee. Do not accept the expired card on your own authority.
2. What are the citizenship and immigration implications of the expired green card?
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A permanent resident card (Form I-551) is evidence of lawful permanent residence, but an expired card does not by itself mean the person is no longer a permanent resident. Permanent resident status does not expire; the card does. However, for identity verification and access control, an expired card is not acceptable under the post orders. The guard should not attempt to determine immigration status or interpret immigration law. The guard's role is to verify identity and authorization according to post orders. The contractor's statement that he has a renewal receipt is plausible but unverified. The guard should not accuse him of being undocumented or make any statement about his immigration status. The proper course is to follow the post orders for expired IDs and, if necessary, refer the matter to the supervisor. The guard should also be aware that a green card is a highly valuable document and should be handled carefully and returned promptly. The guard should not photocopy or retain the card unless specifically authorized by post orders.