Attorney General Clark Opposes Barriers to Legal Work Authorization for Asylum Seekers

Attorney General Charity Clark today led a multistate comment letter opposing the U.S. Department of Homeland Security's (DHS) proposed rule that would modify filing and eligibility requirements for individuals seeking Employment Authorization Documents (EADs) based on a pending asylum application. Among other things, the rule would effectively pause EAD application processing indefinitely for asylum seekers. In the comment letter, Attorney General Clark urges 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 Vermont's economy.

DHS's proposed rule would increase the waiting period for asylum seekers to apply for EADs from six months to one year. After the one-year waiting period, adjudication times for initial applications could expand from 30 days to up to 180 days. 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 - something DHS estimates could last for decades - effectively suspending asylum seekers' access to work authorization indefinitely. The impact of this rule will be devastating for those seeking asylum who will be unable to work lawfully and support their families while their asylum applications are pending. This will inevitably lead to various workforce problems and general economic instability, with lost compensation to asylum seekers up to $126.6 billion annually.

In the comment letter, Attorney General Clark 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, and forcing many into dangerous and exploitative work situations.
• Will harm Vermont 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's reasoning is contrary to evidence and fails to consider the harmful effects and scope of impact.

In filing the comment letter, Attorney General Clark is joined by the attorneys general of California, Colorado, Connecticut, Delaware, the District of Columbia, Hawai'i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, Nevada, New York, Oregon, Rhode Island, and Virginia.

A copy of the comment letter is available by request.

CONTACT: Amelia Vath, Senior Advisor to the Attorney General, 802-828-3171