New proposed rule to limit chances to work for aliens on OSUP

The DHS has announced a proposed rule that concerns aliens whose final orders of removal have been issued. The proposed rule would limit the authorization granted to work in USA for these aliens who have been released temporarily from the custody of DHS on an OSUP.

The new rule would bring the issuance of discretionary authorization of employment in line with the Trump administration’s priorities. These priorities will safeguard US workers and make immigration enforcement more stringent.

OSUP allows DHS to impose conditions and monitor aliens with final orders of removal who have been temporarily released from DHS custody. This remains in effect until DHS has the travel documents that are needed to remove the alien from the US.

DHS would require the aliens to

• Cooperate with DHS’s efforts to bring together travel documents that are necessary for their removal from the US
• Check-in with DHS on dates designated for the same
• Be present with the authorities for removal once it’s arranged

Joseph Edlow, USCIS Deputy Director for Policy has stated that the new rule reduces the rule of law in the country along with weakening the role of DHS and its removal operations.

The new rule will also eliminate the economic incentive for aliens to step back from cooperating in the effort to procure travel documents for them to go back to their home countries.

As of now, under current regulations under US immigration, an alien with a final order under an OSUP is in normal cases eligible for an EAD. This dilutes the incentive for the alien to leave or make efforts to obtain travel documents to leave the US.

Under the new rule, just a small number of these aliens who can prove that the DHS finds their removal from the US is impractical. Only they will remain eligible for discretionary employment authorization. These aliens would also need to establish that their employer is a participant in E-Verify with good standing in that program.

With the final rule published, the changes made by the rule will become applicable to first-time applications and applications for renewal filed on or after the effective date of the final rule. Aliens who are authorized for employment before the effective date of the final rule will remain so until the expiry date on their EAD. That isas long as the EAD isn’t terminated or revoked.

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Note:

DHS – Department of Homeland Security

OSUP – Order of SUPervision

EAD – Employment Authorization Document