Representatives Espaillat and Bowman Lead Congressional Letter asking DHS to Prevent Immigrants' Work Authorizations from Lapsing

WASHINGTON, DC -- Representatives Adriano Espaillat (NY-13) and Jamaal Bowman, Ed.D. (NY-16) led an urgent congressional letter to President Biden, the Department of Homeland Security (DHS), and U.S. Citizenship and Immigration Services (USCIS), urging the administration to issue an interim final rule to keep the current 540-day automatic work authorization extension period in place for immigrants who apply to renew their work permits (EADs) with USCIS. Without action from the administration, this pivotal 540-day automatic extension will expire on October 26, 2023, and hundreds of thousands of immigrants will be at risk of losing their work authorizations, and as a result, their jobs and livelihoods.

On May 4, 2022, DHS issued a Temporary Final Rule which temporarily increased the automatic work authorization extension period for key categories of immigrant EAD renewal applications from 180 days to 540 days. This longer, 540-day automatic extension period has saved an estimated 420,000 immigrants’ work authorizations from lapsing while their EAD renewal applications were still being processed by USCIS, as USCIS often takes upwards of six months or longer to process these types of applications. Moreover, according to USCIS data, as of October 16, 2023, there were approximately 260,000 immigrants who had applied to renew their EADs that had been waiting for USCIS to process their renewal applications for 180 days or longer. This is a major problem, as once USCIS’s temporary 540-day automatic extension rule expires on October 26, 2023, USCIS will revert to issuing 180-day automatic extensions for immigrants with pending EAD renewal applications instead, putting hundreds of thousands of immigrants’ EADs at risk of lapsing. As such, the letter urges DHS to swiftly enact a new interim final rule to renew the 540-day automatic extension period for immigrations applying to renew their work authorizations with USCIS.

“If further action is not taken to extend this important 540-day rule, hundreds of thousands of immigrants will be at risk of losing their work authorizations at no fault of their own due to USCIS’s ongoing processing delays,” said Rep. Espaillat. “If this is allowed to happen, cities like New York that are currently receiving asylum seekers will see an increased burden, as many immigrants will lose their jobs and be forced to rely on city shelters. U.S. businesses are also continuing to experience acute labor shortages in sectors such as construction and technology, amongst others. For these important U.S. industries that employ immigrants,” continued Rep. Espaillat, “a lapse in immigrants’ work authorizations would prove devastating. The recommended action in my letter would prevent all of this. As a nation of immigrants, the U.S. must do right by its immigrant communities and allow them to continue working to support their families.”

“Migrants and asylum seekers fleeing violence and persecution deserve to be met with dignity and compassion, beginning with granting them the right to work,” said Rep. Bowman. “As New Yorkers, we have consistently led the way in being a beacon to immigrants and uplifting their contributions to our cultures and communities. Migrants come to our country eager to support themselves and their families and strengthen our economy. I am proud to join Representative Espaillat and my other colleagues in urging U.S. Citizenship and Immigration Services to keep the current work authorization extension for migrants to receive work permits, so that they can continue to have access to their jobs and livelihoods. Every migrant and asylum seeker deserves work authorization, and I hope that we can continue to pursue policies that will create an immigration system centered on empathy and humanity.”

The Espaillat-Bowman letter was signed by 35 members of Congress and was also endorsed by the Asylum Seeker Advocacy Project.

“It is scary when your work permit is going to expire and the government hasn't processed your work permit.” said Charity R., an asylum seeker from Nigeria and member of the Asylum Seeker Advocacy Project (ASAP). “I have lost sleep worrying about my work permit expiring, not being able to get a driver’s license, and not being able to pay rent if I can't work. I am excited that Members of Congress are joining ASAP members in asking the Department of Homeland Security to immediately and permanently extend work permits for asylum seekers and other immigrants.”

Click here to read this letter 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