OAKLAND, Calif. — In a recent comment letter addressed to the Department of Homeland Security, Attorney General Rob Bonta urged the federal agency to refrain from advancing a proposed rule that he said would leave individuals seeking Employment Authorization Documents vulnerable to exploitation.
The rule proposed by DHS directly targets those not only seeking asylum, but also intending to “work lawfully and support their families while their asylum applications are pending,” as noted in the press release.
In his letter to DHS, Attorney General Bonta notes the rule will “harm immigrant workers by negatively impacting their physical and mental health, food security, ability to secure stable housing, access to employer-sponsored health insurance and legal services, and forcing many into dangerous and exploitative work situations.”
He further reinforces that he is “committed to defending and empowering immigrants to support their families and help our communities thrive, while protecting California’s economic and humanitarian interests from unjustified obstacles created by the Trump administration.”
Not only is the livelihood of asylum seekers at stake, but Attorney General Bonta also suggests furthering this ruling will “harm California and other states by decreasing tax revenue and the spending power of residents, increasing healthcare costs, increasing the burden on state-funded nonprofits, and increasing law enforcement challenges.”
According to the detailed comment letter, not only will filing and eligibility requirements be negatively adjusted as noted above, but various workforce problems and general economic instability will surface, accompanied by lost compensation to asylum seekers of up to $126.6 billion annually.
Furthermore, if this rule is advanced, all current EAD processing will be paused indefinitely at the disadvantage of immigrant workers, which is “something DHS estimates could last for decades,” as noted in the press release.
The waiting period for those seeking EADs will also be extended from six months to one year, not taking into account the adjudication times for initial applications that can occupy up to 180 days.
The proposed rule would effectively “eliminate work authorization entirely for initial applicants and severely restrict the availability of EADs for asylum seekers who are renewing their work authorization,” as noted in Attorney General Bonta’s comment letter.
With this in mind, thousands of candidates will be set back years as they lose their standing.
In favor of its ruling, DHS maintains its claim that the asylum system is “overwhelmed” and that federal adjudication resources are strained.
In response, Attorney General Bonta states that he finds DHS’s justification of the proposed rule to be unreasonable, as their defenses are “contrary to the available evidence.”
Rather, “Asylum seekers need a fair and efficient system that allows them to work legally while they await decisions on their applications for asylum, which will allow them to contribute to our communities and build lives,” stated Attorney General Bonta.
To further his opposition to the rule, Attorney General Bonta notes that “several courts have already considered and found unlawful similar provisions previously proposed.”
In filing this letter, Attorney General Bonta was accompanied by 19 other attorneys general spanning several states in agreement that the tentative rule is “arbitrary and capricious in violation of the Administrative Procedure Act because DHS’s reasoning is contrary to evidence and fails to consider the harmful effects and scope of impact.”
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