Attorney General Raoul Opposes Barriers To Legal Work Authorization For Asylum Seekers

CHICAGO – Attorney General Kwame Raoul, with 19 attorneys general, sent a comment letter opposing the U.S. Department of Homeland Security’s (DHS) proposed rule that would effectively prevent asylum seekers from obtaining legal employment, which would be economically devastating to them and their families.

DHS approves asylum seekers’ applications for Employment Authorization Documents (EADs) that are necessary to obtain legal work. The proposed rule effectively would pause EAD application processing indefinitely for asylum seekers. In the comment letter, Raoul and the coalition urge DHS to forego the proposed rulemaking because it will leave applicants vulnerable to exploitation and without the appropriate authorization documents that enable asylum seekers to support themselves and safely contribute to Illinois’ economy.

“Asylum seekers desire a better life and to support themselves and their families while actively contributing to our economy,” Raoul said. “This new rule could be devastating for thousands of refugees and prevent them from supporting their families. I will continue to fight the Trump administration’s cruel ongoing agenda to deter asylum applications by punishing them and their families.”

Most significantly, the rule would pause the acceptance of all new EAD applications for asylum seekers while DHS’ asylum application processing time exceeds 180 days, which DHS estimates could last for decades, effectively suspending asylum seekers’ access to work authorization indefinitely. DHS’ proposed rule also would increase the waiting period for asylum seekers to apply for EADs from six months to one year, leaving them unable to work legally during this waiting period. After the one-year waiting period, adjudication times for initial applications could expand from 30 days to up to 180 days.

Raoul and the attorneys general explain the impact of this rule will be devastating for those seeking asylum because they will be unable to lawfully work and support their families until their asylum applications are accepted. This could lead to various workforce problems and general economic instability, with lost compensation to asylum seekers of up to $126.6 billion annually.

In their comment letter, Attorney General Raoul and the coalition assert the proposed 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, while forcing many into dangerous and exploitative work situations.
• Will harm Illinois 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.
• Is arbitrary and capricious in violation of the Administrative Procedure Act because DHS’ reasoning is contrary to evidence and fails to consider the harmful effects and scope of impact.

Joining Raoul in sending the letter are the attorneys general of California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, Nevada, New York, Oregon, Rhode Island, Vermont and Virginia.

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