Proposed Rule to Delay Work Permits for Asylum Seekers
On November 14th, the Administration proposed a new rule that would make asylum seekers wait longer to apply for a work permit. The rule would also prevent some asylum seekers from getting a work permit at all until their asylum cases are approved.
The public has 60 days to submit comments, with a deadline of January 13, 2019. It is important that many people send comments to oppose this rule change.
Please note this proposed rule is not yet the law. It will only go into effect after the comment period is over and after a final rule is published.
These are some of the most concerning changes in the proposed rule:
It more than doubles the time asylum seekers must wait to apply for a work permit. Currently, asylum seekers cannot apply for a work permit until 150 days after their asylum application is filed. Under the proposed rule, they would have to wait for one year (365 days).
Asylum seekers who do not enter through an official port of entry would be ineligible for a work permit. They would need to wait until their asylum case is granted to work. This would be a great hardship for people who must wait for years while their asylum cases are backlogged in the immigration court system.
Asylum seekers who miss the one-year filing deadline for asylum would be ineligible for a work permit (with an exception for unaccompanied children).
Asylum seekers with some criminal charges or convictions may be ineligible for a work permit.
How to send a comment opposing this rule: Anyone can send a comment telling the government why these changes are wrong. All comments must be written in English. Your comments will be made available to the public, so do not include personal information that you do not want the public to know.
Here are a few talking points, although you should personalize your comments to tell the government how this would impact you and your community:
This proposed rule is inhumane and another attempt by the Administration to make it harder for people to get asylum protection in the United States when they need it.
Asylum seekers are already burdened with a 150 day wait-period to apply for a work permit. How are they supposed to support themselves for a whole year, or for many years, if they cannot work?
This would place additional hardship on people who fled violence and persecution and who are unlikely to have money to support themselves.
The United States has a long history of protecting refugees and asylum seekers, and the right to work is an important part of those humanitarian protections.
This will cause hardship to communities and local and state governments that support asylum seekers when they are unable to work.
Make sure you reference US Citizenship & Immigration Services, DHS Docket No. USCIS-2019-0011 in your comments.
Complete your comment online at https://www.regulations.gov/comment?D=USCIS-2019-0011-0001 or send by mail to:
Samantha Deshommes,
Chief, Regulatory Coordination Division Office of Policy and Strategy,
U.S. Citizenship and Immigration Services Department of Homeland Security
20 Massachusetts Avenue NW, Mailstop #2140
Washington, DC 20529-2140
Comments must be completed online or postmarked by January 13, 2020.
You can also contact Maine’s Congressional delegation to tell them your concerns. Ask them to investigate how USCIS uses its resources and demand transparency in its regulatory fee reviews. Here is their contact information:
Senator Susan Collins: 202-224-2523
Senator Angus King: 202-224-5344
Representative Jared Golden: 202-225-6306
Representative Chellie Pingree: 202-225-6116