The DHS (Department of Homeland Security) today announced a proposed rule that would restrict discretionary work authorization for aliens. Who have the last orders of removal and who have been temporarily released from DHS custody on an order of supervision. The rule would adjust the issuance of discretionary employment authorization with the administration’s needs to secure U.S. workers and strengthen immigration enforcement.
Orders of supervision permit DHS to put conditions on and monitor aliens with final orders of removal. Who has been temporarily released from DHS custody until DHS has the travel documents. Also, it is important to eliminate the stranger from the United States. The OSUP contains a few conditions for release, including a requirement that strangers cooperate with efforts to procure the travel documents for removal. Check-in with DHS on assigned dates, and present themselves for removal whenever it is arranged.
Authorizing employment benefits to strangers who have just had due process and have been ordered removed by the U.S. government. Undermines the rule of law and weakens DHS enforcement and removal operations, said USCIS Deputy Director for Policy Joseph Edlow. “This effort would also remove the financial incentive for these strangers to not cooperate in the effort to get travel documents to return to their home countries.”
DHS Final Orders of Removal
Under current guidelines, a stranger who has a final order of removal and who is temporarily released from DHS custody on an OSUP is generally eligible for an EAD. This creates a disincentive for the alien to depart or cooperate with their home country. To obtain travel documents to depart the United States. These strangers have utilized significant government resources all through the removal process. And have ultimately been ordered removed from the United States by an immigration judge.
Under the proposed rule, just a small subset of these aliens can show that DHS has determined that their removal from the United States. It is impracticable would stay eligible for discretionary employment authorization. DHS will require such strangers to set up financial need to work, reliable with other optional EAD categories. And USCIS will assess whether they warrant a favorable exercise of discretion for a grant of employment authorization.
In addition, strangers who qualify for discretionary employment authorization under the proposed rule. And subsequently, seek to renew their work authorization. Also, it would be needed to set up that their employer participates in E-Verify and is in good standing in the program.
Additionally, the proposed rule would restrict the validity period of the employment authorization. For strangers released on an OSUP to one year. Whether or not it is an initial or a renewal employment authorization when a final rule is issued. The changes made by the rule will apply to initial and renewal applications filed on or after the last rule’s effective date.
Aliens who are employment-authorized prior to the last rule’s effective date will remain employment authorized. Until the expiration date on their EAD unless the EAD is terminated or revoked. Also, the last guideline would not affect applications to replace EADs granted before the last rule’s effective date.