The Department of Homeland Security (DHS) has introduced a new proposal aimed at restricting who can legally work in the United States and for how long. This proposal specifically targets non-citizens who are not skilled workers, focusing on individuals with humanitarian parole, non-DACA deferred status, and those facing potential deportation.
Key Provisions of the Proposal
The proposal seeks to limit and clarify eligibility for discretionary employment authorization for aliens paroled into the US temporarily for urgent humanitarian reasons or significant public benefit. It also applies to those granted deferred action or who have a final order of removal and are temporarily released on an order of supervision.
If implemented, the new rules could have devastating effects on asylum seekers working in the US. Attorney Gordon Quan noted, "I think the logic is to discourage people from seeking refuge in the United States, because if they cannot work to support their families, then they have to work illegally or starve."
Stricter Eligibility Requirements
Under the proposal, DHS would sharply limit eligibility for discretionary employment authorization. Applicants would need to prove economic necessity, pass enhanced background checks, and meet stricter case-by-case criteria. Non-citizens seeking renewal of their work permits must be employed by an employer using the E-Verify system. The changes would also reduce the length of many work permits to no more than one year.
DHS Estimates and Impact
DHS estimates that the proposed rule would reduce the number of aliens with granted deferred action, parole, or final removal orders who are eligible for employment authorization. This could result in lost earnings for those no longer eligible, shifting costs to support networks such as family, community groups, or non-profits.
The rule would increase filing burdens for remaining eligible aliens, requiring proof of economic necessity, criminal history verification, and biometric identity checks. US businesses employing alien workers who lose eligibility may face new costs from turnover or compliance with the E-Verify requirement. Additionally, the rule may lead to a loss of tax revenue.
