The U.S. Department of Homeland Security (DHS) unilaterally decided to codify a previously temporary expansion of work authorization rules for paroled asylum applicants on Tuesday, just days after a request from Maine politicians.
U.S. Sen. Angus King (I-Maine), Rep. Chellie Pingree (D-Maine), and Gov. Janet Mills (D-Maine) penned a letter Friday requesting that the DHS make permanent a temporary extension to employment authorization documents (EAD) for non-citizens who are currently paroled in the U.S. while their asylum claims are pending.
The non-citizens impacted by the decision, sometimes referred to as “asylum seekers,” include defensive asylum applicants who entered the U.S. without authorization and later sought legal status under federal asylum rules. While their asylum claims pend, they are paroled within the interior of the country.
DHS Secretary Alejandro Mayorkas appears to have heeded the letter because, just days later, he announced that he would be making the exact change the Maine politicians requested.
The change permanently increases the 180-day extension on EADs for asylum seekers to 540 days, codifying a previously temporary measure already in effect under President Joe Biden.
Mayorkas parroted the Maine politicians’ claims that allowing people who entered the country illegally to continue working in the U.S. will benefit the nation’s economy and employers.
“Increasing the automatic extension period for certain employment authorization documents will help eliminate red tape that burdens employers, ensure hundreds of thousands of individuals eligible for employment can continue to contribute to our communities, and further strengthen our nation’s robust economy,” said Mayorkas.
Rep. Pingree took to social media to celebrate the change.
“This is GREAT news. Not just for Maine immigrants and asylum-seekers (and their families), but for the many businesses that won’t have to scramble to find new employees—and for the communities that these new Mainers have come to call home,” said Pingree on X.
The unilateral executive decision is set to go into effect on January 13, exactly one week before President-elect Donald Trump takes office for his second term on January 20.
Trump has promised to carry out a historic crackdown on illegal immigration, including reforming the often-abused federal asylum system, and was unlikely to continue the temporary Biden-era extension.
Asylum seekers, whether they enter the country legally at a port of entry and affirmatively claim asylum or enter the country illegally and later make a defensive asylum claim, are given work permits within six months, regardless of whether their asylum claims have been approved.
The asylum claims typically take years to adjudicate, leaving the non-citizen in a temporary state of parole, during which they are allowed to work.
If their claim is denied, the asylum seekers are required to self-deport and inform their employers that they are no longer eligible to work within 30 days of their claim’s denial.
Most asylum claims are denied, but the U.S. does not maintain reliable data on how many asylum seekers actually return to their home countries.
Unless an employer is using E-Verify for employees or a denied asylum applicant informs their employer, the revocation of their work authorization will have little effect.



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