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The most recent iteration of these efforts is the decision by USCIS--justified by "security" concerns--to reduce the validity period for certain categories of Employment Authorization Document (EAD) from five years to 18 months. In combination with prior changes, the shortened EAD will cause tremendous pain to many vulnerable people.
A recent USCIS memo lists the categories of people who will now receive 18-month EADs (this is for new EADs; existing EADs are not affected):
- Aliens admitted as refugees;
- Aliens granted asylum;
- Aliens granted withholding of deportation or removal;
- Aliens with pending applications for asylum or withholding of removal;
- Aliens with pending applications for adjustment of status under INA § 245; and
- Aliens with pending applications for suspension of deportation, cancellation of removal, or relief under the Nicaraguan Adjustment and Central American Relief Act.
The first two categories (refugees and asylees) do not actually need EADs to work legally in the United States. However, given that employers and DMVs are often unfamiliar with the immigration law, a valid work permit definitely makes life easier.
Everyone else on the list needs a valid EAD to work lawfully, and so when the EAD expires, they will become ineligible to work. The shortened validity period combined with the end of the automatic 540-day EAD extension means that people with pending applications will face a real risk of losing work eligibility while their EAD renewal is pending. The difficulty is compounded by the fact that USCIS will have to process many more EAD renewals since applicants will have to renew more frequently, and by additional vetting procedures, both of which could further delay processing times.
To make matters worse, employers may be more hesitant to hire people with EADs due to the shortened validity period and the increased risk of a government penalty if an employee is accidentally allowed to continue working after their EAD expires. All in all, these recent changes are a recipe for additional hardship and stress for asylum seekers and other migrants.
If you are one of the people affected by this latest change, it is probably best to file early to renew your EAD--I would recommend at least one year before your current card expires. The processing time to renew an asylum-pending EAD is seven months (meaning that 80% of EADs are processed within seven months; the remaining 20% take longer), but I expect wait times will increase and it is probably better to renew early rather than risk losing the ability to work.
To justify its new policy, USCIS claims that the "reduced maximum validity periods for certain categories [of EAD] will result in more frequent vetting," which will enable the Agency to "deter fraud and detect aliens with potentially harmful intent so they can be processed for removal from the United States." The USCIS Director opines: “Reducing the maximum validity period for employment authorization will ensure that those seeking to work in the United States do not threaten public safety or promote harmful anti-American ideologies." For a number of reasons, this explanation makes little sense.
First, asylum seekers and other affected individuals receive a biometric appointment soon after they file their initial application. Once it has biometric data, USCIS can re-vet people at any time; it does not need to wait for an EAD application. Indeed, the idea that vetting can only take place in the context of an EAD application seems completely disingenuous.
Second, while there are isolated examples of asylum seekers and other immigrants committing crimes, the available data indicates that non-citizens are less likely to commit crimes than citizens. For those who do commit crimes, most will already be barred from receiving an EAD (or other immigration benefits), and so the new restrictions are redundant. In addition, I can't imagine that hardened criminals or terrorists will be rushing to file EADs. Such people want to stay well below the radar; not submit themselves to biometric appointments and government scrutiny.
Finally, immigrants contribute a great deal to our country, including being over-represented as health care workers. If these individuals lose the ability to work, the people who depend on them--including many American citizens--will suffer. And so when USCIS justifies new restrictions based on protecting Americans, the Agency fails to account for the important ways that non-citizens help people in our country.
To me, the shortened validity period for EADs is not really about security. Rather, asylum applicants and others trying to "do it the right way" are low hanging fruit; people who can easily be targeted to make it appear that the Administration is serious about "security." While I doubt these new policies will do much to make us safe, they will certainly cause tremendous harm. And that, I suppose, is the point.
Originally posted on the Asylumist: www.Asylumist.com
