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Opposition Mounts to Trump’s Effort to Delay Work Permits for People Seeking Asylum
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Emma Winger
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<div class=”at-above-post addthis_tool” data-url=”http://immigrationimpact.com/2019/11/07/opposition-delay-asylum-work-permits/”></div><p>The Trump administration is proposing a new <a href=”https://www.federalregister.gov/documents/2019/09/09/2019-19125/removal-of-30-day-processing-provision-for-asylum-applicant-related-form-i-765-employment” target=”_blank” rel=”noopener noreferrer”>rule</a> that would delay work authorization for people seeking asylum in the United States. The move is drawing opposition from advocates across the country.</p>
<p>The proposed rule risks leaving people unable to support themselves and their families for <a href=”http://immigrationimpact.com/2019/09/11/uscis-asylum-seekers-work-permits/#.XcLwgjNKhPY” target=”_blank” rel=”noopener noreferrer”>months</a>. The rule would eliminate a 30-day deadline by which U.S. Citizenship and Immigration Services (USCIS) must grant or deny a person’s first-time request for work authorization.</p>
<p>Before the rule can go into effect, the administration must review and consider any <a href=”https://www.regulations.gov/comment?D=USCIS-2018-0001-0001″ target=”_blank” rel=”noopener noreferrer”>comments</a> submitted by the public.</p>
<p>The proposed rule seeks to overturn a federal district court’s <a href=”https://www.americanimmigrationcouncil.org/litigation/employment-authorization-documents-adjudication-delays”>decision</a> in a nationwide class action-lawsuit. The decision <a href=”https://www.americanimmigrationcouncil.org/sites/default/files/litigation_documents/rosario_vs_uscis_order_granting_plaintiffs_motion_for_summary_judgment_and_denying_defendants_motion_for_summary_judgment.pdf” target=”_blank” rel=”noopener noreferrer”>ordered</a> USCIS to comply with the 30-day deadline. Since the court’s order, 99% of all work authorization requests have either been granted or denied within that 30-day window.</p>
<p>Advocates are <a href=”https://sites.google.com/view/letasylumseekerswork/home” target=”_blank” rel=”noopener noreferrer”>organizing</a> a response to the proposed rule—which would needlessly harm vulnerable individuals and their families and cost the government valuable tax-payer income.</p>
<p>The delay in being able to earn a living wage has multiple immediate consequences for people. It will likely make it harder for individuals to pursue their fear-based immigration claims without a means to support themselves.</p>
<p>People may struggle to feed and house themselves. It will also be difficult to secure a valid ID, as work authorization is often one of the requirements to get a state ID. This will leave many means of assistance inaccessible. This also opens already vulnerable individuals to the risk of labor exploitation and trafficking.</p>
<p>According to USCIS, the lost compensation to asylum applicants could range from approximately $255 to $744.76 million annually. Annual employment tax losses to the government could range from $39.15 to $118.54 million.</p>
<p>USCIS has already received hundreds of comments in response to the rule. Faith-based organizations, student groups, legal services providers, immigration advocates, and private individuals have written to <a href=”https://sites.google.com/view/letasylumseekerswork/home” target=”_blank” rel=”noopener noreferrer”>oppose the proposed rule</a>.</p>
<p>This rule is part of a <a href=”https://www.immigrantjustice.org/staff/blog/timeline-trump-administrations-efforts-end-asylum” target=”_blank” rel=”noopener noreferrer”>systemic effort</a> to deter asylum seekers from coming to the United States. Holding people back from working puts individuals at risk and hurts our economy.</p>
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FILED UNDER: <a href=”http://immigrationimpact.com/tag/u-s-citizenship-and-immigration-services/” rel=”tag”>USCIS</a><br> </div>
<p>This post originally appeared on <a href=”http://immigrationimpact.com/2019/11/07/opposition-delay-asylum-work-permits/#.Xcm97DNKiUk” target=”_blank”>Immigration Impact</a>. Reprinted with permission.</p>
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<b>Emma Winger</b> is a Staff Attorney with the American Immigration Council, where she works to protect the rights of noncitizens through affirmative litigation, amicus briefs, and practice advisories for immigration attorneys. Before joining the Council, Emma was a staff attorney with the Immigration Impact Unit of the Committee for Public Counsel Services in Massachusetts, where she advised criminal defense counsel about the immigration consequences of criminal dispositions and engaged in litigation on issues involving the intersection of criminal and immigration law. In addition, she spent two years as a law clerk for a federal district court judge in New Jersey. She holds a J.D. from Boston College Law School and a B.A. in History from Yale University.
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