The United States proposes new work permit rules targeting asylum seekers
The Department of Homeland Security has come up with a new proposal to restrict who can legally work in the United States and for how long. The proposal is for non-citizens but not skilled workers; The new proposal specifically targets those on compassionate parole, non-DACA deferred status, and those facing possible deportation.“DHS proposes to restrict and clarify eligibility for discretionary work authorization for aliens who have been paroled into the United States temporarily for urgent humanitarian reasons or for a significant public benefit, who have been granted deferred action, against whom there is a final order of removal and who have been temporarily released from custody on a probation order,” the proposal said.But if the new proposal is implemented, it could be devastating for asylum seekers working in the United States. “I think the logic is to discourage people from seeking asylum in the United States, because if they can’t work to support their families, they will have to work illegally or starve,” said attorney Gordon Cowan.Under the proposal, DHS would sharply limit eligibility for a “discretionary” work permit, requiring applicants to demonstrate economic need, pass enhanced background checks, and meet more stringent case-by-case criteria. One new rule stipulates that noncitizens seeking to renew their work permits must work for an employer that uses an E-Verify system. The changes would also reduce the length of many work permits to no more than one year and require renewal applicants to work for employers registered with the federal E-Verify system.
What did the Department of Homeland Security say about the new proposal?
- DHS estimates that this proposed rule will result in a decrease in the number of aliens granted deferred action, aliens granted parole, and aliens with final orders of removal who are eligible for a work permit.
- This could result in loss of income for foreigners who are no longer eligible for a work permit, while ensuring and enhancing protections for American workers.
- Lost earnings can result in costs being shifted from the alien to his or her support network, including family members, community groups, nonprofits, or third-party organizations that provide for the alien and any dependents.
- DHS estimates that the proposed rule will increase the application burdens on aliens who remain eligible for work authorization, while ensuring the economic necessity of employment, allowing DHS to verify the criminal history and identity of the alien before issuing a work permit, and demonstrating to the satisfaction of USCIS that the alien warrants a favorable exercise of his or her discretion.
- U.S. businesses currently employing foreign workers who would no longer be eligible to renew their work authorization under this proposed rule could incur new costs due to employee turnover or compliance with proposed E-Verify requirements that would ensure foreigners are authorized to work.
- Finally, the proposed rule could result in a loss of tax revenue.
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