Immigrants without permanent legal status are increasingly advocating for the right to obtain legal work permits, driven by a robust labor market and the relative ease with which recent asylum seekers have secured employment opportunities. The Biden administration has recently expanded work authorization for numerous immigrants, encompassing asylum seekers and green card applicants, although it has not extended this provision to the estimated 11 million individuals outside these categories.
Homeland Security Secretary Alejandro Mayorkas, acknowledging the ongoing discourse, indicated an awareness of the situation but stopped short of announcing any immediate policy changes. He referenced the administration’s initial legislative efforts to address the status of undocumented immigrants and pointed to Congressional inaction as a hindrance to progress.
The issue has become particularly poignant in major cities, where long-standing immigrants without legal status observe newer arrivals obtaining work authorization rapidly, a process that has eluded them for years. Chicago Mayor Brandon Johnson expressed support for extending work permits to such individuals, emphasizing the economic and societal benefits.
The legal pathways for these long-term immigrants to secure work permits are often complex or nonexistent, contrasting with the more straightforward process for asylum seekers. The distinction lies in the legal definitions and rights between undocumented immigrants and asylum applicants, with the latter eligible for work permits after a specified period while their asylum claims are adjudicated.
The narrative around immigration has gained attention, partly due to tragic events like the death of immigrant workers in the Francis Scott Key Bridge collapse in Baltimore, highlighting the broader impacts of immigration policy on millions of people. Advocates, such as Marielena Hincapié from Cornell University Law School, urge the Biden administration to utilize existing executive powers more boldly to offer relief to these immigrant communities.
While the administration has employed certain executive actions, like Temporary Protected Status (TPS) and deferred action for workers in labor disputes, advocates believe more can be done. They argue for a proactive approach in educating local authorities and the immigrant community on eligibility for work permits and streamlining the application process.
Mayorkas, despite his experience in immigration services, admitted the complexity of the U.S. immigration system and reiterated its fundamental flaws. Advocates contend that the administration should embrace a more assertive stance in reforming immigration policies, even if it means facing legal challenges, to demonstrate a commitment to resolving the plight of immigrant communities.
