Long-term immigrants without permanent legal status are starting to gain momentum in their push for legal work permits. This is happening against the backdrop of a robust labor market and increased opportunities for employment for recently arrived asylum seekers.
The Biden administration made a significant move on Thursday by significantly expanding work permits for a wide range of immigrants, including asylum seekers and green card applicants.
The administration has acknowledged the calls to address the legal status of the almost 11 million immigrants who do not fall under the aforementioned categories. Although they have not taken action on this matter, officials assure that they have received the message and comprehend the significance of the issue.
During a press conference on Friday, Homeland Security Secretary Alejandro Mayorkas addressed the issue of undocumented individuals in the United States. He stated that he couldn’t make any announcements at that moment. Mayorkas acknowledged the concerns raised by those who have been living in the United States without proper documentation and work authorization for an extended period of time. He also highlighted the discrepancy in the process, where individuals who cross the border and seek asylum can obtain authorization within 180 days of filing their claim.
“I believe we haven’t disregarded this issue. On his first day in office, the president made efforts to legislatively address the situation of undocumented individuals in the country. Therefore, I don’t think we have ignored it, but unfortunately, Congress has yet to take action.”
Long-term immigrants without permanent legal status in large cities are feeling the weight of inaction, as they witness newer arrivals obtaining their paperwork in a matter of weeks or months, a process that has been out of their reach for decades.
Chicago Mayor Brandon Johnson (D) expressed his support on Thursday for expanding permits to individuals in that situation, emphasizing the importance of economic needs and family unity.
“This city is known for its strong work ethic. Whether they are newcomers or long-standing undocumented residents who have been here for years, immigrant communities are an integral part of our workforce,” emphasized Johnson during a round table discussion hosted by the American Business Immigration Coalition, a collective of CEOs advocating for work permits.”
“I am honored to join hands with the business community and labor partners in advocating for the issuance of work permits. This will not only allow families to remain united but also contribute to the ongoing growth of our local economy.”
But for immigrants, especially those who are not seeking asylum, the process of obtaining a work permit can be complicated and, in some cases, non-existent.
While both groups often get grouped together, it is important to note that their legal statuses are actually quite different.
Foreign nationals who have sought asylum in the United States, either upon arrival or at a port of entry, are known as asylum applicants. It doesn’t matter how they entered the country; what matters is that their asylum claim is still awaiting a decision from immigration authorities.
“Undocumented” immigrants refer to individuals from other countries who have entered the United States, whether legally or illegally. They may have either exceeded the duration of their lawful stay, such as those who entered on a tourist visa and stayed beyond the permitted time, or they may have never been officially admitted into the country by a U.S. official.
According to the Pew Research Center, the population saw a significant increase from 3.5 million people in 1990 to a peak of 12.2 million in 2007. However, it has since declined to approximately 10.5 million in 2021.
There is ongoing debate regarding whether the number of unauthorized individuals in the United States has increased since the last recorded data. Some research organizations, like the Migration Policy Institute, consider individuals without official U.S. paperwork and those with nonpermanent statuses as part of the “unauthorized” category.
Asylum applicants are eligible to apply for a work permit after a specific period of time and have legal status in the country until their application is rejected.
In the past ten years, there has been a growing trend among migrants to voluntarily surrender to the Border Patrol and seek asylum. This has resulted in a clear distinction between long-term immigrants who do not possess permanent legal status and those who are newly arriving.
The Francis Scott Key Bridge collapse in Baltimore, which resulted in the tragic death of six immigrant workers, has brought new political significance to a community that is accustomed to living in the shadows. This incident has further highlighted the challenges and vulnerabilities faced by these immigrants.
According to Marielena Hincapié, an immigration scholar at Cornell University Law School, the recent events on the border and the bridge in Baltimore serve as reminders of the significant impact immigration has on millions of people. Immigrants are an integral part of our families, communities, schools, and workplaces. Hincapié believes that the Biden administration should utilize its existing authorities to address these issues.
Advocates are calling for the Biden administration to take a more assertive approach in utilizing tools like parole in place or cancellation of removal. These existing authorities grant the executive the power to provide a fresh start for immigrants who currently have no means of obtaining legal status.
Certain immigrants without permanent legal status can only qualify for these programs if they have immediate family members who are U.S. citizens.
The Biden administration has utilized certain executive authorities, focusing on those that are less likely to face legal challenges. Furthermore, they have indicated their willingness to take additional action in the future.
White House spokesperson Angelo Fernández Hernández stated that on his first day in office, President Biden presented a comprehensive immigration reform proposal to address the flaws in our immigration system. Unlike the previous Administration, which vilified immigrants and attempted to remove protections for long-time residents of the United States, our Administration has taken steps to reinstate and even expand support for immigrants.
“The Administration maintains its dedication to promptly providing relief to those who qualify and to developing a more equitable and compassionate immigration system. As previously stated, the Administration continually assesses potential policy alternatives.”
The administration has utilized Temporary Protected Status (TPS) extensively, a program that permits individuals from specific designated countries to reside and work in the United States. However, it is important to note that TPS does not provide a means to obtain permanent residency or eventual citizenship.
The administration has also put into effect a policy called deferred action for workers who are engaged in labor disputes. This policy aims to prevent the unfair use of immigration threats in work relationships.
A spokesperson from the Department of Homeland Security expressed that the Biden-Harris Administration recognizes the importance of allowing noncitizens to legally provide for themselves and their families while they await immigration proceedings. This ensures that they do not become a burden on the communities in which they reside.
“We have implemented several measures to ensure that individuals who are eligible for employment authorization receive timely updates and expedited processing of their employment authorization documents (EADs), whenever possible.”
The administration is also taking steps to educate local authorities on who is and isn’t eligible to apply for EADs. This is necessary because the current system is complex, and many eligible individuals are unaware that they can apply for work permits or don’t know how to do so.
Mayorkas stated that they have been collaborating with mayors, including Mayor Johnson, to ensure their awareness of the residents in their shelters and other facilities, as well as their eligibility for work authorization.
According to Hincapié, the Biden administration has a chance to take proactive action in this matter. If they face legal obstacles due to a lawsuit from Texas, they should hold Texas accountable for any potential setbacks.
“But politicians need to demonstrate to immigrant communities and voters that they are not only willing to take risks, but also committed to making progress in offering relief and finding solutions.”
