The United States Citizenship and Immigration Service (USCIS) wants to limit discretionary work authorizations for internationals who receive final orders of removal and who have been released from the Department of Homeland Security (DHS) custody, temporarily, through an order of supervision (OSUP).
The proposal has been announced by the USCIS and has been planned as an effort to protect American workers, as well as to strengthen immigration enforcement, VisaGuide.World reports.
“Authorizing employment benefits to aliens who have already had due process and have been ordered removed by the US government undermines the rule of law and weakens DHS enforcement and removal operations,” the United States Citizenship and Immigration Services Deputy Director for Policy Joseph Edlow has pointed out in this regard.
According to him, the move would also remove the economic incentive for these internationals to not cooperate, in a bid to obtain “travel documents to return to their home countries.”
Through the order of supervision, the DHS is engaged to observe internationals with final orders of removal, who have been released from DHS custody, temporarily, until the Department of Homeland and Security has the travel documents that are needed to remove internationals from the United States.
The Order of Supervision is formed by some conditions for release, which also includes a requirement that internationals to cooperate in procuring the travel documents for removal and presenting themselves for removal, once it is arranged.
At present, internationals who obtain a final order of removal and who have temporarily been released from the Department of Homeland and Security custody on the order of supervision are eligible for an employment authorization document (EAD).
“This creates a disincentive for the alien to depart or cooperate with their home country to obtain travel documents to depart the US. These aliens have used substantial government resources throughout the removal process and have ultimately been ordered removed from the US by an immigration judge,” USCIS has announced in its statement.
The proposed rule permits only a small subset of these internationals for discretionary employment authorizations, providing that they would be eligible to demonstrate that DHS has determined that their removal from the US is “impracticable”.
Last month, the United States Department of Homeland Security presented the interim final rule, changing several regulations to the H-1B visa program also known as “person in speciality occupation visa”, in a bid to “strengthen the visa classification program”.
The interim final rule changes were applied to the “speciality occupation” definition, to better align with the meaning of the term. Therefore, USCIS announced that there would be added words like “worksite” and “third-party worksite”, stressing that the purpose of the “United States employer” would also be revised.