“Wake Up Republicans!” You Too Could be Affected by this Work Authorization Situtation. Party Affiliation Does Not Disqualify You From the Issue!

Congresswomah Chellie Pingree (D-ME) and Senator Angus King (I-ME) led more than 70 members of Congress in condeming the Trump Administration’s decision to end the automatic extension of employment authorization documents (EADs) for individualsl who have filed timelly renewal applications.  In a letter led by Pingree in the House and by King in the Senate, to US Citizenship and Immigration Services (USCIS) Director Joseph Edlow, the Members said this decision will have devastating consequences for workers, families and employers across the country.

“USCIS’s own data makes clear that the agency continues to face severe delays in adjudicating EAD renewals.  As a result, individuals who have already been deemed legally authorized to work will lose their jobs for no other reason than the government choosing not to process their paperwork in time,” the lawmakers said  “Ending automatic extensions under these conditions is effectively penalizing people for USCIS’s administative shortcomings.

The lawmakers said the policy shift is both unfair and ecnomically reckless, noting tht immigrants with work authorization play critical roles in health care, education, agriculture and other essential sectors.  “Removing the ability from employers to employ those who are work authorized, tax-paying and essential to our communities drasticallly undermines our economy and puts unnecessary burdens on business owners who are already struggling to make ends meet”

The lawmakers underscored that the new rule creates a bureaucratic trap for workers who are doing everything right.  Current regulations encourage applicants to file renewal requests only up to 180 days — six months — before their work permits expire.  Yet USCIS’s own data show that average processig times for many EAD categories now exceeds six and a half months.

“This gap ensures that, even when applicants submit renewals at the earliest possible date, their authorization will lapse before a new document can be issued,” the members wrote.  “In practice, this rule guarantees that lawfully employed individuals will be forced out of the workforce through no fault of their own.”

The lawmakers urged USCIS to immediaely withdraw the rule or, at minimum, delay implementation until the agency can demonstrate that renewal applications will be processed within a timeframe that prevents lapses in work authorization,

Last year, Pingree and KIng led a push to codify a temporary rule granting a 540-day automatic extension to expiring work authorizations for immigrants and asylum seekers.