The Department of Homeland Security has come up with a new proposal to restrict who gets to work in the US legally and for how long. The proposal is for non-citizens but not skilled workers; the new proposal particularly targets those with humanitarian parole, non-DACA deferred status, and those facing potential deportation.“The Department of Homeland Security proposes to limit and clarify eligibility for discretionary employment authorization for aliens paroled into the United States temporarily for urgent humanitarian reasons or significant public benefit, who have been granted deferred action, or against whom a final order of removal exists and who are temporarily released from custody on an order of supervision,” the proposal read.But if the new proposal gets implemented, it could be devastating to asylum seekers working in the US. “I think the logic is to discourage people from seeking refuge in the United States,” attorney Gordon Quan said, “because if they cannot work to support their families, then they have to work illegally or starve.”Under the proposal, DHS would sharply limit eligibility for “discretionary” employment authorization, requiring applicants to prove economic need, pass enhanced background checks, and meet stricter case-by-case criteria. One of the new rules said non-citizens seeking renewal of their work permits must be working for an employer who uses the 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 enrolled in the federal E‑Verify system.
What DHS said about the new proposal
- DHS estimates that this proposed rule would result in a reduction in the number of aliens with granted deferred action, aliens granted parole, and aliens with final orders of removal who are eligible for employment authorization.
- This could result in lost earnings for aliens who are no longer eligible for employment authorization, while also ensuring and strengthening protections of American workers.
- The lost earnings could result in a transfer of costs from the alien to their support network, including family members, community groups, non-profits or third-party organizations that provide for the alien, and any dependents.
- The DHS estimates that the proposed rule would increase filing burdens for those aliens who remain eligible for employment authorization, while ensuring economic necessity for employment and permitting DHS to verify criminal history and biometrically verify an alien’s identity before issuing employment authorization, and demonstrating to the satisfaction of USCIS that the alien warrants a favorable exercise of discretion.
- US businesses that currently employ alien workers who would no longer be eligible to renew their employment authorization under this proposed rule could incur new costs due to employee turnover or compliance with the proposed E-Verify requirement that would ensure aliens’ authorization to work.
- Finally, the proposed rule may result in a loss of tax revenue.
