It's now official: the administration has adopted a policy of coercing poor asylum seekers into giving up their claims or pushing them into starvation and abusive work in the underground economy.
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From the rule: "DHS acknowledges that these reforms will apply to aliens with meritorious asylum claims, and that these applicants may experience some degree of economic hardship as a result of heightened requirements for" work authorization.
There also seems to be a whole section of the rule--page 70-71--which essentially uses work authorization as a back handed way to raise the asylum standard from "well founded fear of persecution" to "fleeing imminent serious harm". Am I reading this right @ReichlinMelnick?
page 92: that was me who raised Ramos in my comment. And the answer I’m getting is a non answer! And there are lots of other cases it doesn’t answer.
FFS: "Employment visa programs require U.S. employers...to comply with standards for working conditions...These do not exist.. in EAD process. While this rule will not implement [protections], it will put in place mechanisms to reduce fraud [which] will protect U.S. workers"
Pg 121's non response: "Working while not employment authorized increases the risk of labor trafficking and other
coercive employment practices, abuse, and wage theft. To mitigate these risks, aliens shouldn't accept employment in the US unless they are employment authorized."
coercive employment practices, abuse, and wage theft. To mitigate these risks, aliens shouldn't accept employment in the US unless they are employment authorized."
pg 174 non-answer: "DHS disagrees that prohibiting employment authorization during the federal court appeal
process is an attempt to discourage aliens from seeking federal court review. This rule does not
place any limits on an alien’s right to pursue federal court review".
process is an attempt to discourage aliens from seeking federal court review. This rule does not
place any limits on an alien’s right to pursue federal court review".
Page 213 dismissal of concern: "Asylum
seekers who are concerned about homelessness during the pendency of their employment authorization waiting period should become familiar with the homelessness resources provided by the state where they intend to reside."
seekers who are concerned about homelessness during the pendency of their employment authorization waiting period should become familiar with the homelessness resources provided by the state where they intend to reside."
Page 228, the heart of it: the suffering test. If you are worthy of asylum, you must be willing to suffer to get. "DHS is confident that those aliens legitimately fleeing persecution will be willing to adapt to the longer wait period for employment authorization."
This, imho, also is the inhumane non-reason DHS detains credible asylum claimants for months and even years. And now during the coronavirus.
