Harrisburg, PA – The Pennsylvania Department of Labor & Industry (L&I), in partnership with the Pennsylvania Department of Human Services (PA DHS) and under Governor Josh Shapiro’s leadership, led a multi-state coalition in filing comments today opposing the U.S. Department of Homeland Security’s (DHS) proposed rule, Employment Authorization Reform for Asylum Applicants. The proposal would drastically restrict access to lawful work authorization for asylum seekers in the United States, preventing them from legally earning a living while they wait for the federal government to process their asylum case.
Currently, asylum seekers may receive an Employment Authorization Document (EAD) after their applications have been pending before U.S. Citizenship and Immigration Services (USCIS) for 180 days. DHS is seeking to both extend the waiting period to apply for work authorization to 365 days and create an automatic pause on initial EAD applications when average affirmative asylum processing times exceed 180 days. By the federal government’s own estimate, that pause could last for decades — as long as 173 years – effectively prohibiting those fleeing persecution from ever receiving work authorization as they wait for their asylum claims to be adjudicated.
The coalition’s comment urges DHS to withdraw the proposal because it would violate federal law, harm asylum seekers and their families, and damage the economies and workforces of Pennsylvania and other states. The comment explains that the proposal would deny vulnerable workers the ability to support themselves lawfully, make workplace exploitation more likely, reduce state tax revenue and consumer spending power, and make it harder for states to enforce labor protections.
“Governor Shapiro has made clear that Pennsylvania will stand up for workers and push back when federal actions threaten workers, employers, and communities across our Commonwealth,” said L&I Secretary Nancy A. Walker. “This proposal would make it harder for people who are lawfully seeking protection to support themselves and their families through work, while also increasing the risk of exploitation and making labor law enforcement more difficult. It would also worsen workforce shortages in industries that Pennsylvania families and employers rely on every day.”
“Work is a pathway to stability and essential to helping people seeking asylum build community and find safety. When asylum seekers are unable to work and gain access to health insurance, it puts preventable strain on our hospitals and other public health partners,” said PA Human Services Secretary Dr. Val Arkoosh. “By eliminating pathways to stability and self-sufficiency, this proposal risks not just our workforce and the industries they support but adds to the already considerable demands on our local food banks and other groups who assist community members in need.”
State labor agencies joining the Departments in this comment include the Maine Department of Labor, Minnesota Department of Labor and Industry, and Oregon Bureau of Labor and Industries.
Key points from the coalition comment
- The proposed rule would violate federal law, including the Immigration and Nationality Act.
- Denying work authorization would harm asylum seekers, their families, and their communities by undermining self-sufficiency and making already vulnerable workers lawfully seeking protection more susceptible to exploitation, retaliation, and other workplace abuses.
- The proposal would harm Pennsylvania and other states by reducing tax revenue and consumer spending, increasing costs, and worsening workforce shortages in key sectors like agriculture and health care.
- The rule would weaken states’ ability to enforce workplace protection laws by pushing more immigrant workers into the underground economy and making them less likely to report violations.
Pennsylvania will continue protecting workers
L&I enforces Pennsylvania labor laws through the Bureau of Labor Law Compliance (BLLC), including the Pennsylvania Minimum Wage Act, the Wage Payment and Collection Law, the Prevailing Wage Act, and the Child Labor Act. The Department will continue enforcing labor protections available under Pennsylvania law.
Workers who believe they have experienced wage theft or other labor law violations can file a complaint online with L&I. The Department will continue investigating complaints, pursuing unpaid wages, and protecting workers across the Commonwealth.
The Shapiro Administration will continue using every tool available under Pennsylvania law to protect workers, support fair competition for employers that follow the law, and defend the rights of workers across Pennsylvania.
For more information on the Pennsylvania Department of Labor & Industry, please visit the website or follow L&I on Instagram, Facebook, X, and LinkedIn.
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