The Trump administration limits work permits for foreigners with pending deportation proceedings

The Trump administration, through the Department of Homeland Security (DHS), proposed a new rule that would substantially limit the possibility for thousands of asylum seekers to obtain an Employment Authorization Document (EAD).

OSUP and EAD

To better understand the issue at hand, it is important to know that when asylum applications are rejected, immigrants receive a deportation order and must leave the US as they do not meet requirements to apply for this humanitarian program.

However, there are immigrants who, after their asylum applications receive a negative response, can opt for an Order of Supervision (OSUP) to temporarily stay in the US. The DHS grants OSUP to asylum seekers who would face extremely risky situations if they return to their countries, do not have the necessary documentation to complete the deportation process, or cannot be deported because they are inadmissible in their countries.

Normally, they have the ability to apply for an EAD while the OSUP is in effect, but the Trump administration plans to remove this benefit.

New rule limits EADs for immigrants with deportation orders

DHS’s new Notice of Proposed Rulemaking plans to “to eliminate employment authorization eligibility for aliens who have final orders of removal but are temporarily released from custody on an order of supervision with one narrow exception.”

The Trump administration states that it is imperative to remove any kind of benefit for immigrants who have pending deportation proceedings so that they can leave the US as soon as possible on their own.

Adding to that, the DHS assures that they had the opportunity to present their asylum applications and received a negative response, indicating that they do not meet mandatory requirements and should not remain in the country.

Other than that, the DHS rule seeks to protect local employees, a premise that has been continually used by the Trump administration when implementing restrictions on the immigration system. The DHS states that it “intends for this rule to reduce the incentive for aliens to remain in the United States after receiving a final order of removal and to strengthen protections for U.S. workers.”

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The President-elect may remove this rule

Although the Trump administration continues to reduce benefits offered to immigrants currently residing in the US, President-elect, Joe Biden, has a different vision when it comes to immigration and plans to remove many of current immigration policies.

For instance, Biden plans to halt deportations for 100 days while his government decides how to handle detention and removal proceedings. Therefore, it is very likely that his government will reverse this rule also with a Notice of Proposed Rulemaking or Executive Order.

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