Feds deny request to accelerate work permits for Maine asylum seekers

Federal officials this week denied Maine’s request to waive the six-month waiting period for asylum seekers to legally work in the state.

Officials at the U.S. Department of Homeland Security told state officials in a letter that they do not have the authority to grant such a waiver.

“Only Congress can change this statutory requirement and DHS does not have the legal authority to waive this statutorily required waiting period,” wrote Ur M. Jaddou, the director of U.S. Citizenship and Immigration Services.

Lawmakers last year passed a bill sponsored by Sen. Eric Brakey, R-Auburn, directing the commissioner of the Maine Department of Labor to request a waiver, even though there is no waiver provision in federal law and no state has ever received one.

View this document on Scribd

Labor Commissioner Laura Fortman submitted the request in October and received a response on Jan. 30. That response was forwarded to the Legislature’s Joint Committee on Labor and Housing on Wednesday.

The federal denial came as no surprise to immigration advocates, who hope to see positive asylum changes in federal legislation being negotiated in Congress.

“We appreciate the efforts of the governor, MDOL, and a bipartisan group of state legislators to address the important issue of expediting work permits by asking for a federal waiver last year,” said Tobin Williamson, an advocate with the Maine Immigrants’ Rights Coalition.

“Still, we were not surprised to learn of the federal government’s response by USCIS today,” Williamson said. “We continue to call on Congress to address this topic, and hopefully it is being considered in their ongoing negotiations around comprehensive immigration policy reforms.”

Shortening the waiting period for asylum seekers has been a priority for Maine businesses and elected officials in recent years as a way to address an ongoing shortage of workers and to ease the financial strain on municipalities, which provide food and housing assistance to asylum seekers who are not allowed to work.

Maine’s congressional delegation has been trying for nearly a decade to shorten the waiting period by changing the federal law.

BILLS SUBMITTED

Both Republican Sen. Susan Collins and Rep. Chellie Pingree, D-1st District, have submitted bills to shorten the waiting period to 30 days after filing an asylum application, which itself can take a year to complete. Collins’ bill includes provisions aimed at rooting out dangerous individuals and frivolous asylum claims. Both bills are backed by the U.S. Chamber of Commerce, as well as business leaders in Maine.

“Sen. Collins continues to believe that allowing asylum seekers to obtain work authorizations more quickly and become self-sufficient would be a win-win for communities, employers and asylum seekers throughout Maine and America. While discussions are ongoing, Senator Collins continues to be a strong advocate for including these important reforms,” spokesperson Annie Clark said in an email.

A spokesperson for Pingree said the congresswoman is pushing for provisions of her bill to be included in federal legislation dealing with the southern border.

“Congresswoman Pingree is still working to pass her common sense bipartisan bill to ensure employers have the workforce they desperately need and asylum seekers can earn a living to become financially independent,” spokesperson Victoria Bonney said.

In the response to Maine’s request, Jaddou said federal officials are trying to decrease the processing time for work authorization applications, noting that they recently extended the validity of work permits for five years to reduce the number of renewal applications clogging the system and to ensure existing permits don’t expire while renewals are being processed.

As of November, she said the USCIS processed 92% of work applications within 30 days and nearly 97% within 60 days.

Jaddou said that by adding staff and streamlining adjudications the agency also has reduced the processing time from 90 days to 30 days for asylum seekers who present at a border crossing and make an appointment through a mobile app. And it has increased outreach through email and text to asylum seekers who are eligible to work, but haven’t applied, she said.