The U.S. Department of Homeland Security has launched a new proposal to limit who can legally work in the United States and when. The proposal applies to non-citizens but not skilled workers; the new proposal specifically targets those on humanitarian parole, non-DACA extension status and those who may face deportation.“DHS proposes to limit and clarify eligibility for discretionary employment authorization for aliens who are temporarily paroled into the United States for urgent humanitarian reasons or significant public interests, who have been granted withholding of removal, or who have been issued a final order of deportation, and who are temporarily released under a supervision order,” the proposal reads.But if the new proposals are implemented, they could be devastating for asylum seekers working in the United States. “I think the logic is to prevent people from seeking asylum in the United States,” said attorney Gordon Kwon, “because if they can’t work to support their families, then they have to work illegally or go hungry.”Under the proposal, DHS would significantly limit eligibility for “discretionary” employment authorization, requiring applicants to demonstrate financial need, pass enhanced background checks and meet stricter case-by-case standards. One of the new regulations says non-citizens seeking to renew their work permits must work for an employer that uses the E-Verify system. The changes also shorten the duration of many work permits to no more than one year and require renewal applicants to work for an employer that participates in the federal E-Verify system.
What the Department of Homeland Security thinks about the new proposal
- DHS estimates that this proposed rule would result in a reduction in the number of deferred action aliens eligible for employment authorization, aliens on parole, and aliens with final orders of removal.
- This could result in lost earnings for foreign nationals who are no longer eligible for employment authorization, while also ensuring and strengthening protections for U.S. workers.
- Loss of income may result in the transfer of costs from the alien to their support network, including family members, community groups, nonprofits, or third-party organizations that provide services to the alien and any dependents.
- DHS estimates that the proposed rule would increase the application burden for those aliens who remain eligible for employment authorization, while ensuring the economic necessity of employment and allowing DHS to verify an alien’s criminal record and biometric identity before issuing an employment authorization and demonstrate to USCIS that the alien is entitled to exercise favorable discretion.
- U.S. businesses that currently employ foreign workers who are no longer eligible to renew their employment authorization under this proposed rule may incur new costs due to employee movement or compliance with the proposed E-Verify requirement that would ensure that foreign nationals receive work authorization.
- Finally, the proposed rule could result in lost tax revenue.
