Re: Department of Homeland Security Notice of Proposed Rulemaking, Employment Authorization Reform for Asylum Applicants

On behalf of 13 local governments and leaders, Public Rights Project filed a comment urging the U.S. Department of Homeland Security (DHS) to withdraw a proposed rule that would eliminate work authorization for asylum seekers. The coalition includes cities and counties with large immigrant and asylum-seeking populations.

The rule would effectively end work permits for asylum seekers and undermine the entire asylum process. It plans for DHS to stop reviewing new work authorization applications until the average processing time for the application backlog falls below 180 days. According to DHS’s own projections, this could last between 14 and 173 years. This illogical strategy would also prevent thousands of asylum seekers from ever having a job. 

DHS also proposes new restrictions that could deny work permits based on how someone entered the country, strict penalties for missing appointments, and multiple mandatory biometrics appointments, such as fingerprinting. The rule also gives DHS broad discretion to deny work permits even when applicants meet eligibility requirements.

For 30 years, asylum seekers have been able to obtain lawful employment during the typically years-long wait for their asylum applications to be approved. Work permits allow newcomers to the U.S. to support themselves while contributing to local economies. 

If thousands of immigrants are unable to work, local governments will face new challenges, including:

• Disrupted local workforces: Businesses would lose existing and prospective workers. In the San Francisco metro area alone, immigrants make up more than 38% of the entire labor force.
• Weakened local economies: People unable to work lawfully can’t pay local and state taxes, making it harder for governments to fund essential services and infrastructure.
• Strained social services: Individuals may be forced into exploitative labor markets, while families could become more reliant on food assistance, housing support, and health clinics in the absence of employer-sponsored health insurance.

The current work authorization system helps immigrants thrive and strengthens communities. The proposed rule should be withdrawn. 

Read the comment.