Department of Homeland Security Proposes New Rule

There are a lot of rules and regulations when it comes to immigration. As such, these rules are subject to change. Rules are altered and new ones are created often. Currently, the Department of Homeland Security is in the process of creating a new rule.

The Department of Homeland Security (DHS) has proposed a new rule to limit the work permits for aliens with final orders of removal. Read on for more information about this potential new rule and what it entails.

What is the New Rule?

The Department of Homeland Security’s new rule will limit work permits for aliens with final orders of removal but who are temporarily released from custody on an order of supervision.

Purpose of Proposed Rule?

The Department of Homeland Security believes that implementing this new rule will strengthen immigration enforcement. Under current U.S. law, an alien who has final orders for removal typically still remains eligible for discretionary employment authorization. DHS believes that this provides aliens with an economic incentive to stay in the U.S., rather than returning to their home countries. DHS hopes that this new rule will remove that economic incentive. They also believe that implementing this rule will protect U.S. workers.

Are There Any Exemptions?

According to the proposed rule, a small subset of aliens may be able to demonstrate to the Department of Homeland Security that their removal from the United States is impractical. These aliens may remain eligible for discretionary employment authorization. If you are curious about whether you may be exempt from this rule, contact our firm for more information. DHS has stressed that the amount of people who will be exempt is very narrow.

Effective Date of the Final Rule?

The rule is still in the proposal stages, so it is not yet official. Additionally, DHS is still in the process of creating and finalizing the proposal. So, there is not yet an effective date by which the rule will be implemented. But, according to DHS, “written comments on this proposed rulemaking must be submitted on or before December 21, 2020” in order to be considered. Additionally, DHS notes that “when a final rule is published, the changes made by the rule will apply to initial and renewal applications filed on or after the final rule’s effective date.”

If you are an alien with final orders of removal and you are wondering how this new rule may impact you, contact a NYC immigration attorney with any questions or concerns you may have.

Contact Our New York City Immigration Lawyers

Our law firm can explain all the opportunities associated with fiancé visas and help you through the entire procedure, as well as discuss whether this is a good option. For an initial consultation with a skilled immigration lawyer, contact the Law Office of Cheryl R. David in New York.