US authorities will restrict the issuance of work permits for some immigrants

The Department of Homeland Security (DHS) announced a proposed rule that will restrict the granting of discretionary work permits to aliens who receive a final removal order and are temporarily released from DHS custody by order of supervision (OSUP), the website says. US Citizenship and Immigration Services (USCIS).

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This rule will align the granting of discretionary work permits in line with the administration's priorities to protect American workers and strengthen immigration controls.

Supervision Orders allow DHS to determine the conditions and supervise foreigners with final removal orders who have been temporarily released from DHS custody until DHS obtains the travel documents required to remove the alien from the United States. The OSUP contains several conditions for exemption, including a requirement that foreigners participate in efforts to obtain travel documents for removal, register with DHS on designated dates, and appear for removal as soon as agreed.

“Allowing employment benefits to aliens who have already undergone due process and been ordered removed by the U.S. government undermines the rule of law and weakens DHS's enforcement and deportation operations,” said USCIS Deputy Director for Policy Joseph Edlow.

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Under current regulations, an alien who has received a final removal order and is temporarily released from DHS custody through OSUP is usually eligible for a Work Authorization Document (EAD). This deprives the foreigner of the incentive to leave or cooperate with their country of origin to obtain travel documents to leave the United States. As stated on the USCIS website, these are those aliens who used significant government resources throughout the entire expulsion process, and were ultimately ordered by an immigration judge to be expelled from the United States.

Under the proposed rule, only a small group of these aliens who can demonstrate that DHS has determined that it is not feasible to remove them from the United States will still be eligible for a discretionary work permit. DHS will require such aliens to prove economically necessary to work under the other discretionary categories of the EAD, and USCIS will assess whether they guarantee the favorable exercise of discretionary power to issue a work permit. In addition, foreigners who are eligible for a discretionary work permit under the proposed rule and who subsequently wish to renew it will need to prove that their employer is participating in E-Verify and in good standing with the program.

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The proposed rule would also limit the validity of a work permit for foreigners exempted under OSUP to one year, regardless of whether the work permit is original or renewable. When the final rule is published, the changes made to it will apply to original applications and renewals filed on or after the effective date of the final rule. Foreigners who obtained a work permit prior to the effective date of the final rule will retain the work permit until the expiration date specified in their EAD, unless the EAD is terminated or revoked. The Final Rule will also not affect EAD replacement applications issued prior to the effective date of the Final Rule.

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