December 21, 2020
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Proposed
DHS Rule Would Violate Law, Harm Immigrant Communities, Burden State Economies
Carson City, NV – Today, Attorney General
Aaron D. Ford joined a coalition of 16 attorneys general from around the nation
in opposing a proposed Trump Administration rule that would virtually eliminate
work authorization for nearly all immigrants who were released under orders of
supervision.In a comment letter submitted
to the U.S. Department of Homeland Security (DHS), the coalition argues that
the proposed rule lacks reasoned justifications and would harm immigrant
communities, small businesses, and states’ economies. Moreover, the proposed
rule — which impacts approximately 17,000 individuals and their families
nationwide — would also violate federal law, increase the cost of
publicly-funded social services, and further burden individuals and businesses
that are already suffering from the economic fallout of the coronavirus disease
2019 (COVID-19) public health crisis.
“In
this unprecedented time due to the coronavirus, our nation is already struggling
with financial hardships, keeping small businesses afloat and citizens
providing for their families,” said AG
Ford. “The new rule proposed by the Trump Administration would not only
hinder our immigrant communities in Nevada but would also put thousands of
families at risk of losing what they have during this health crisis.
Immigrants under orders of
supervision are already required to meet certain conditions to qualify for
temporary release from DHS custody. Upon their release, the DHS has the
authority to grant employment authorization documents that allow those under
orders of supervision to legally work in the United States. The proposed rule
seeks to virtually eliminate their work authorization eligibility — save for
one narrow exception. For those relatively few individuals who fall under this
exception, the DHS will require them to work for employers who are part of the
E-Verify program — a program rife with so many issues that it has led to
numerous employers refusing to take part in it. The proposed rule also
introduces other changes that would further limit immigrants from securing the
authorization they need to legally work in the United States.
In the comment letter, the
multistate coalition urges the DHS to withdraw this proposed rule because, in
addition to the hardship on these individuals and their families, the loss of
their employment would also harm employers and the states’ economies and tax
bases, which would also cause an increase in expenditures on publicly-funded
social services. According to the DHS’s own estimates, the financial damage
from not allowing these immigrants to legally work in the U.S. will result in
federal tax losses ranging from $923,844,794 and $2,251,612,274 from fiscal
years 2020 to 2029. States will stand to lose tax revenue for the same reason.
The
coalition further argues that the proposed rule is unlawful and would
violate the Administrative Procedure Act (APA) in a magnitude of ways. The
APA mandates that Federal agencies must “engage in reasoned decision-making”
and consider “the advantages and the disadvantages of agency decisions” before
taking action. However, the DHS failed to provide reasoned justifications for
the significant changes set forth in the proposed rule, and the DHS also failed
to adequately consider potential impacts to the affected immigrants, their
families and employers, as well as the states.
Additionally, the coalition
emphasizes that the proposed rule is contrary to law because Congress never
gave the DHS the authority to categorically deny work authorization to
immigrants under the Immigration and Nationality Act. Lastly, the purported
acting secretary of Homeland Security, Chad Wolf, was not legally authorized to
exercise the functions and duties of the secretary of Homeland Security
position based on the Homeland Security Act, as the courts have already found.
In addition to Nevada, joining the
comment letter include Connecticut, Delaware, Hawaii, Illinois, Iowa, Maryland,
Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, Oregon, and Rhode
Island.
The
comment letter is attached.
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