The Biden administration is rolling back an immigration policy sought by former President Donald Trump that would have limited work permits for immigrants with final deportation orders.
Trump on Nov. 19, 2020, proposed that the Department of Homeland Security (DHS) revise its regulations regarding employment authorization for immigrants who have a final order of removal from the country by a federal judge, and are released from DHS custody on an order of supervision.
On May 10, DHS Secretary Alejandro Mayorkas announced that President Joe Biden’s administration will withdraw the proposal after reviewing 302 public comments the department received during a 30-day period.
“Nearly 98 percent of commenters opposed the proposed rule with several commenters specifically requesting that DHS withdraw the NPRM [Notice of Proposed Rulemaking],” Mayorkas said, noting that less than 2 percent of commenters expressed support for the proposal.
Those who backed the proposal supported it because they believed it would deter illegal immigration and protect U.S. workers, Mayorkas wrote.
Commenters opposed to the rule were concerned about the immigrants’ ability to support their families and the impact it would have on their potential employers.
The rule “would impose exorbitant costs and burdens on U.S. employers related to labor turnover,” the DHS said.
“DHS believes that continuing to provide employment authorization to individuals who have final order of removal and are released from DHS custody on an order of a supervision is consistent with this administration’s values and priorities on immigration enforcement,” Mayorkas said in justifying the withdrawal.
“It will allow individuals who do not fall within the administration’s enforcement priorities and who are still in the United States to continue to qualify for employment authorization, to legally work, remain self-sufficient, and support their families, which in many instances include U.S. citizen children.”
