Espaillat and Warren Lead Bicameral Letter to USCIS to Prevent Work Permit Lapse for Immigrants

WASHINGTON, DC –Today, Representatives Adriano Espaillat (NY-13), Jamaal Bowman, Ed.D. (NY-16), and Jesús “Chuy” García (IL-04), along with Senators Elizabeth Warren (MA) and Kirsten Gillibrand (NY), led a bicameral congressional letter to the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) urging the agency to lengthen the current automatic extension period for immigrants’ work permits (employment authorization documents or “EADs”) from 180 days to at least 540 days. DHS’s issuance of such a rule is urgently needed to allow USCIS more time to process EAD renewal applications and to prevent immigrants’ work permits from lapsing at no fault of their own. The Members’ letter, which was signed by 70 Members of Congress, serves as a follow-up to a similar letter that was sent by Reps. Espaillat and Bowman in October 2023.

In their joint letter, the Members of Congress stated, “This longer extension is critical to prevent the impending loss of employment authorization for hundreds of thousands of immigrants as a result of ongoing delays at U.S. Citizenship and Immigration Services (USCIS). Already, DHS has prepared a new rule to lengthen the automatic extension period. In our view, DHS should enact this change via an interim final rule without a sunset date, or alternatively, via a temporary final rule that leaves the benefit in place for at least 3 years.” Adding that “Without a new rule, immigrants and asylum seekers who have recently applied to renew their EADs will begin to lose their work authorizations beginning on April 24, 2024, purely due to continued processing delays at USCIS. In the meantime, workers and employers face grave uncertainty.”

“It is imperative that USCIS take immediate action to issue this important new rule to prevent immigrants from losing their jobs and livelihoods at no fault of their own, due purely to processing delays,” said Congressman Espaillat. “A lapse in immigrants’ work authorization would prove devastating for immigrant families and the U.S. economy as a whole. Fortunately, there is still time for USCIS to support America’s immigrant communities by adhering to the clear recommendations in our bicameral letter.”

“This extension is the right thing to do to protect the hundreds of thousands of migrants at risk of losing their jobs and livelihoods because of bureaucratic delays outside their control,” said Senator Warren. “It’s important that the administration act quickly for the families and employers experiencing mass uncertainty.”

“Asylum seekers come to the United States seeking a better future for themselves and their families, and reducing barriers to honest, safe, and legal work will benefit everyone,” said Senator Gillibrand. “Right now, asylum seekers are at risk of losing their work authorization due to years of processing backlogs. I’m calling on the Biden administration to lengthen the current automatic extension period for work authorizations to a minimum of 540 days to help asylum seekers stay employed and self-sufficient and continue contributing to their communities.”

“Migrants and asylum seekers coming to the United States to create opportunities for themselves and their families deserve to be met with dignity and compassion,” said Congressman Bowman. “This begins with ensuring they have the right to work. As New Yorkers, we know that migrants make our communities the vibrant and diverse places we know and love. They come to our country eager to support themselves and strengthen the economy, and they deserve that opportunity. I am proud to join Senators Gillibrand and Warren and Representatives Garcia and Espaillat, along with many of our colleagues, in urging U.S. Citizenship and Immigration Services to prevent hundreds of thousands of migrants from losing their work authorizations by extending the window of authorization as they work through their backlog of renewals. Every immigrant deserves to be able to continue to have access to their jobs and livelihood. This is a critical step in creating an immigration system that centers empathy and humanity for all.”

“Backlogs and processing delays make navigating the immigration system even more difficult and confusing for many immigrants. USCIS must take the action my colleagues and I request in this letter to prevent immigrants’ work permits from lapsing through no fault of their own. Along with this immediate action, we must continue to fight for increased federal resources to address backlogs and build an immigration system rooted in dignity and opportunity,” said Rep. Jesús "Chuy" García.

“Thank you to Members of Congress who recognize there is a looming crisis as asylum seeker and immigrants are worried about losing their jobs because of government backlogs," said Anar Boldbaatar, an asylum seeker from Mongolia and member of the Asylum Seeker Advocacy Project (ASAP). "I am worried I will lose my job and the ability to provide for myself and my family. As a truck driver, I am also worried about losing my driver's license. I hope the government will listen to these Members of Congress and extend our work permits now so we can keep working.”

The bicameral letter has been endorsed by the Asylum Seeker Advocacy Project (ASAP).

Click here to read the letter from Espaillat, Bowman, García, Warren, and Gillibrand in its entirety.

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Representative Espaillat is the first Dominican American to serve in the U.S. House of Representatives and his congressional district includes Harlem, East Harlem, West Harlem, Hamilton Heights, Washington Heights, Inwood, Marble Hill and the north-west Bronx. First elected to Congress in 2016, Representative Espaillat is serving his fourth term in Congress. Representative Espaillat currently serves as a member of the influential U.S. House Committee on Appropriations responsible for funding the federal government’s vital activities and serves as Ranking Member of the Legislative Branch Subcommittee of the committee during the 118th Congress. He is also a member of the House Budget Committee and the Congressional Hispanic Caucus (CHC), where he serves in a leadership role as the Deputy Chair as well as Chair of the Congressional Hispanic Caucus Institute (CHCI). Rep. Espaillat is a member of the Congressional Progressive Caucus (CPC) and serves as a Senior Whip of the Democratic Caucus. To find out more about Rep. Espaillat, visit online at https://espaillat.house.gov/.

Media inquiries: Candace Person at Candace.Person@mail.house.gov