Maryland AG Joins Multistate Effort to Oppose Proposed Rule Hindering Asylum Seeker Work Authorization

Maryland Attorney General Anthony G. Brown has joined a coalition of state attorneys general in formally opposing a proposed rule from the U.S. Department of Homeland Security (DHS) that would significantly impede asylum seekers’ ability to obtain legal work authorization. The proposed changes, outlined in a recent filing, would modify the requirements for Employment Authorization Documents (EADs) for individuals with pending asylum applications, potentially leading to indefinite delays in processing and leaving vulnerable populations without the means to support themselves and contribute to the economy.

The multistate comment letter, spearheaded by Attorney General Brown, urges DHS to withdraw the proposed rulemaking, arguing that it will expose asylum seekers to exploitation and hinder their ability to secure lawful employment. A key provision of the proposed rule would extend the waiting period for asylum seekers to apply for an EAD from six months to one year. Furthermore, it could extend the adjudication time for these applications from the current 30 days to as long as 180 days. Most critically, the rule proposes to halt the acceptance of all new EAD applications from asylum seekers if DHS’s overall asylum application processing times exceed 180 days, a scenario DHS itself estimates could last for decades. This measure would effectively suspend asylum seekers’ access to work authorization for an extended and uncertain period.

The attorneys general argue that such a rule would have severe consequences for asylum seekers, preventing them from working lawfully and supporting their families while their asylum cases are being processed. The potential economic impact is substantial, with estimates suggesting lost compensation for asylum seekers could reach up to $126.6 billion annually. Beyond individual hardship, the proposed rule is anticipated to create workforce disruptions and general economic instability.

The comment letter details several specific harms that the proposed rule would inflict. It asserts that the rule will negatively impact immigrant workers’ physical and mental health, their food security, and their ability to secure stable housing. It also highlights concerns about access to employer-sponsored health insurance and legal services, potentially forcing many into precarious and exploitative work situations. For states like Maryland, the economic repercussions could include decreased tax revenue and reduced consumer spending, alongside increased healthcare costs and greater burdens on state-funded nonprofit organizations. Law enforcement challenges may also be exacerbated. The coalition further contends that the proposed rule is arbitrary and capricious, violating the Administrative Procedure Act by presenting reasoning that is contrary to evidence and fails to adequately consider the widespread negative effects.

In addition to Attorney General Brown, the comment letter was co-signed by the attorneys general of California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaiʻi, Illinois, Maine, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, Nevada, New York, Oregon, Rhode Island, Vermont, and Virginia. This broad coalition underscores the significant concerns shared by multiple states regarding the potential ramifications of the DHS’s proposed changes to EAD processing for asylum seekers.

Article by Mel Anara, based upon information from the Maryland Attorney General’s Office.

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