DHS Commits Multiple Procedural Violations to Extend Work Permits for Illegal Aliens
Rule should be tossed out by the courts for cutting out the American people
By Robert Law on May 10, 2022
A common practice of President Biden’s Department of Homeland Security (DHS) is to disregard the constraints of our immigration laws in order to accomplish the administration’s preferred immigration policy. I have detailed a number of examples throughout Biden’s term, including the abusive use of Temporary Protected Status (TPS) to grant amnesty-lite to hundreds of thousands of illegal aliens, an unlawful categorical application of the parole authority to allow visa-less aliens into the country, and impermissibly giving U.S. Citizenship and Immigration Services (USCIS) asylum officers (instead of immigration judges) the ability to grant asylum to unlawful border crossers.
Emboldened by these past examples, DHS has taken a new regulatory action that all but signals the Biden administration does not believe the rules apply to it. On May 3, USCIS announced a temporary final rule (TFR) that automatically extends the validity period of a work permit from 180 days to 540 days for certain applicants seeking to renew their work permits. Many of the work permit categories eligible for this auto-extension are earmarked for illegal aliens, including those who simply filed an asylum application that the government has yet to adjudicate and those with TPS.
If last week’s press release is the first time you heard about this rule, that’s because DHS published it without giving the American public any advance notice, in violation of the Administrative Procedure Act (APA). DHS also failed to show up to a scheduled meeting on April 22 with myself and Jessica Vaughan while the rule was still under the review of the White House’s Office of Information and Regulatory Affairs (OIRA), as required under Executive Order (EO) 12866.
https://cis.org/Law/DHS-Commits-Multiple-Procedural-Violations-Extend-Work-Permits-Illegal-Aliens
