The Department of Homeland Security has come up with a new proposal, under which it will be restricted who can work legally in America and for how long. The offer is for non-citizens, but not skilled workers; The new proposal specifically targets those seeking humanitarian parole, non-DACA deferred status, and those facing possible deportation.The proposal states, “The Department of Homeland Security proposes to limit and clarify eligibility for discretionary employment authorization for aliens temporarily released on parole to the United States for immediate humanitarian reasons or significant public benefit, who have been granted deferred action, or against whom a final order of removal exists and who have been temporarily released from custody on an order of supervision.”But if the new proposal is implemented, it could be devastating for asylum seekers working in the US. “I think the argument is to discourage people from seeking asylum in the United States,” attorney Gordon Kwan said, “because if they can’t work to support their families, they’ll have to work illegally or go hungry.”Under the proposal, DHS would sharply limit eligibility for “discretionary” employment authorization, requiring applicants to prove economic need, pass enhanced background checks and meet stringent case-by-case criteria. One of the new rules states that non-citizens seeking to renew their work permits must work for an employer that uses the E-Verify system. The changes will also reduce the duration 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 did DHS say about the new proposal?
- DHS estimates that this proposed rule will result in a reduction in the number of deferred action aliens, paroled aliens, and aliens with final orders of removal who are eligible for employment authorization.
- This could result in reduced earnings for foreigners who are no longer eligible for employment authorization, while also ensuring and strengthening protections for American workers.
- Lost earnings may result in transfers from the alien to his or her support network, which includes family members, community groups, non-profits or third-party organizations that provide for the alien and any dependents.
- DHS anticipates that the proposed rule will increase the filing burden for aliens who remain eligible for employment authorization, while ensuring economic need for employment and allowing 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.
- U.S. businesses that currently employ alien workers, who would no longer be eligible to renew their employment authorization under this proposed rule, may incur new costs due to employee turnover or compliance with the proposed E-Verify requirement that would ensure aliens’ authorization to work.
- Ultimately, the proposed rule could result in a loss of tax revenue.