The Department of Homeland Security (DHS) proposes to eliminate employment authorization eligibility for those who have final orders of removal but are temporarily released from custody on an order of supervision, with one “narrow” exception. DHS proposes to continue to allow employment authorization for “aliens for whom DHS has determined that their removal is impracticable because all countries from whom travel documents have been requested have affirmatively declined to issue a travel document and who establish economic necessity.” DHS said it intends for this rule “to reduce the incentive for aliens to remain in the United States after receiving a final order of removal and to strengthen protections for U.S. workers.”
DHS also proposes to clarify that those who have been granted a deferral of removal based on the United States’ obligations under the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) are similarly situated to those granted withholding of removal under the Immigration and Nationality Act and regulations implementing CAT, “in that they cannot be removed to the country in question while the order deferring their removal is in place.” As such, DHS proposes to treat those granted CAT deferral of removal as employment authorized based on the grant of deferral of removal.
Related Links: