DHS Moves to Prevent Deportable Aliens from Receiving Work Permits

FAIR Take | November 2020

The Department of Homeland Security (DHS) published a proposed rule that would prevent illegal aliens with removal orders from receiving work permits. This common-sense rule change will reduce the incentives for illegal aliens to remain in the United States.

Under current law, DHS releases from custody some illegal aliens with final orders of removal and monitors them through an order of supervision. While released, these illegal aliens can receive work permits which allow them to work legally in the United States, even though DHS plans to deport them from the country. Joseph Edlow, the Deputy Director for Policy at Citizenship and Immigration Services (USCIS), stated that “authorizing employment benefits to aliens who have already 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.” Further, the DHS statement emphasized the new rule will protect American jobs and reduces the incentive for aliens to remain in the United States.

It makes little sense to allow illegal aliens to acclimate to life in the United States in the first place, but giving them work authorization documents – even after an immigration judge orders them removed from the country – illustrates how broken our immigration system is. Allowing removable aliens to fill jobs that could otherwise go to American citizens or legal immigrants – particularly in the midst of an economic downturn – is a plainly ridiculous notion.

The public has 30 days to submit written comments regarding the rule. Following the collection of comments, DHS will then publish the rule in the Federal Register. Following final publication after the comment and notice process, DHS will then begin enforcing the rule, which could begin 90 days from the initial announcement.