Over 100 House Democrats Call on DHS to Automatically Extend Work Permits for Immigrants During COVID-19 Crisis

WASHINGTON—Over 100 House Democrats led by the Congressional Hispanic Caucus (CHC) sent a letter urging the U.S. Department of Homeland Security (DHS) to automatically extend employment authorization for all immigrants whose employment authorization documents (EADs) are about to expire. In a letter to Acting Secretary Wolf and Senior Official Cuccinelli, Democratic members are calling for immediate, common sense action to protect public health and prevent work authorizations from expiring in the midst of the coronavirus pandemic.

“Responding to COVID-19 requires a nationwide response, and the widespread job losses and vital federal, state, and local measures enacted to combat COVID-19 erected significant barriers for current EAD holders, especially DACA recipients, seeking to renew,” the Members wrote. “At least 270 million people in 33 states and the District of Columbia and Puerto Rico are under “stay at home” orders, meaning that immigrants cannot leave their homes to collect supporting documents, print and prepare, and mail their applications.”

“Extending work authorization to immigrants, including DACA recipients and TPS holders, not only benefits immigrant youth, but our communities, and the nation’s continued economic recovery,” the Members concluded.

The letter was signed by CHC Chairman Joaquin Castro (TX-20), Judiciary Committee Chairman Jerrold Nadler (NY-10), Homeland Security Appropriations Subcommittee Chair Lucille Roybal-Allard (CA-40), Immigration Subcommittee Chair Zoe Lofgren (CA-13), Congressman James P. McGovern (MA-2), Congressman Jimmy Panetta (CA-20), Congressman Jesús "Chuy" García (IL-04), Congresswoman Nydia Velázquez (NY-12), Congressman Mark Pocan (WI-2), Congresswoman Eleanor Holmes Norton (DC-At Large), Congressman Adriano Espaillat (NY-13), Congresswoman Jahana Hayes (CT-5), Congresswoman Linda T. Sánchez (CA-38), Congressman Raúl M. Grijalva (AZ-3), CongressmanJ. Luis Correa (CA-46), Congresswoman Veronica Escobar (TX-16), Congresswoman Judy Chu (CA-27), Congressman Tony Cárdenas (CA-29), Congresswoman Barbara Lee (CA-13), Earl Blumenauer (OR-3), Congresswoman Jan Schakowsky (IL-9), Congresswoman Debbie Wasserman Schultz (FL-23), Congresswoman Jackie Speier (CA-14), Congresswoman Grace F. Napolitano (CA-32), Congresswoman Marcy Kaptur (OH-9), Congressman Al Green (TX-9), Congresswoman Carolyn B. Maloney (NY-12), Congresswoman Yvette D. Clarke (NY-9), Congressman Ruben Gallego (AZ-7), Congressman Joe Neguse (CO-2), Congressman Emanuel Cleaver, II (MO-5), Congresswoman Ayanna Pressley (MA-7), Congresswoman Gwen Moore (WI-4), Congressman Gerald E. Connolly (VA-11), Congressman Mike Doyle (PA-18), Congresswoman Sylvia R. Garcia (TX-29), Congressman Lloyd Doggett (TX-35), Congresswoman Alexandria Ocasio-Cortez (NY-14), Congressman Jamie Raskin (MD-8), Congressman Gregorio Kilili Camacho Sablan (Northern Marina Islands-At Large), Congressman Scott H. Peters (CA-52), Congressman Albio Sires (NJ-8), Congresswoman Chellie Pingree (ME-1), Congressman Joseph P. Kennedy III (MA-3), Congressman Vicente Gonzalez (TX-15), Congresswoman Bonnie Watson Coleman (NJ-12), Congressman Ami Bera, M.D. (CA-7), Congressman Jared Huffman (CA-2), Congresswoman Nanette Diaz Barragán (CA-44), Congressman Jerry McNerney (CA-9), Congressman Sean Casten (IL-06), Congresswoman Karen Bass (CA-33), Congressman Michael F.Q. San Nicolas (Guam-At Large), Congressman José E. Serrano (NY-16), Congresswoman Dina Titus (NV-3), Congressman André Carson (IN-7), Congresswoman Doris Matsui (CA-6), Congressman Frank Pallone, Jr. (NJ-06), Congressman Peter Welch (VT-At Large), Congresswoman Diana DeGette (CO-1), Congresswoman Lori Trahan (MA-3), Congressman Jason Crow (CO-06), Congressman Darren Soto (FL-9), Congresswoman Norma J. Torres (CA-35), Congressman Seth W. Moulton (MA-6), Congresswoman Rosa DeLauro (CT-03), Congresswoman Frederica S. Wilson (FL-17), Congressman John B. Larson (CT-01), Congresswoman Suzanne Bonamici (OR-1), Congressman John Lewis (GA-5), Congressman Anthony G. Brown (MD-4), Congressman Ro Khanna (CA-17), Congressman Brian Higgins (NY-26), Congressman Adam Smith (WA-9), Congressman Mike Thompson (CA-5), Congresswoman Betty McCollum (MN-4), Congressman Donald S. Beyer Jr. (VA-8), Congresswoman Alma S. Adams, Ph.D. (NC-12), Congresswoman Susan A. Davis (CA-53),Congressman Greg Stanton (AZ-9), Congresswoman Suzan K. DelBene (WA-1), Congressman David N. Cicilline (RI-1), Congresswoman Donna E. Shalala (FL-27), Congressman Jimmy Gomez (CA-34), Congressman Danny K. Davis (IL-7), Gilbert R. Cisneros Jr. (CA-39), Congresswoman Julia Brownley (CA-26), Congresswoman Rashida Tlaib (MI-13), Congressman Juan Vargas (CA-51), Congresswoman Pramila Jayapal (WA-7), Congressman Bobby L. Rush (IL-1), Congresswoman Ann Kirkpatrick (AZ-2), Congressman Derek Kilmer (WA-6), Congresswoman Ilhan Omar (MI-5), Congressman Filemon Vela (TX-34), Congresswoman Debbie Mucarsel-Powell (FL-26), Congresswoman Jennifer Wexton (VA-10), Congresswoman Anna G. Eshoo (CA-18), Congressman Raja Krishnamoorthi (IL-08), CongressmanBen Ray Luján (NM-3), and Congressman Thomas R. Suozzi (D–NY-16).

Full text of the letter follows and can be found here.

Dear Acting Secretary Wolf and Senior Official Cuccinelli: 

We write to respectfully request that, in response to the COVID-19 crisis, the U.S. Department of Homeland Security (DHS) automatically extend, for the same duration as the previous grant, employment authorization for all immigrants (including Deferred Action for Childhood Arrivals (DACA) recipients and Temporary Protected Status (TPS) holders) whose employment authorization documents (EADs) expire within one year of the date of this letter or 90 days after rescission of the March 13, 2020, presidential proclamation, Proclamation on Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak. Responding to COVID-19 requires a nationwide response, and the widespread job losses and vital federal, state, and local measures enacted to combat COVID-19 erected significant barriers for current EAD holders, especially DACA recipients, seeking to renew. Support of DACA recipients during the current pandemic is particularly critical as over 200,000 DACA recipients are in occupations and industry groups that render them "essential critical infrastructure workers" according to DHS guidance.[1] 

On March 18, 2020, U.S. Citizenship and Immigration Services (USCIS) partially or entirely closed its offices and instituted telework for numerous procedures for many adjudicators.[2] We commend USCIS for its recent policy announcement that it would reuse existing biometrics and continue to adjudicate EAD applications. However, USCIS’ closure of offices, increase in telework for adjudicators, and other COVID-19 related delays will undoubtedly worsen already existing adjudication backlogs, increasing the likelihood that applicants, including DACA recipients, will face work permit expiration before approval. 

At least 270 million people in 33 states and the District of Columbia and Puerto Rico are under “stay at home” orders, meaning that immigrants cannot leave their homes to collect supporting documents, print and prepare, and mail their applications.[3] Immigrants, including DACA recipients, also face significant obstacles in preparing their renewal requests, particularly in light of the closure of the non-profit legal organizations and law firms. Immigrants or those with family members impacted by COVID-19 may also not have an opportunity to apply for renewal because of the need to prioritize health care and recovery; or the ability to physically prepare a request due to health ill health. Finally, the worsening economic situation driven by COVID-19, including the loss of jobs and decrease in investments and savings due to stock market volatility, means that immigrants may not have income or savings to pay the filing fee for Form I-765, Application for Employment Authorization.

We again commend USCIS for reusing previously submitted biometrics in adjudicating applications for work authorization.[4] Nevertheless, automatic extensions are still needed because of the barriers identified above, including COVID-19-related exacerbation of adjudication backlogs and delays; financial difficulties to pay filing fees; closure of legal service providers; shelter in place orders; and more. Continued employment authorization will ensure that breadwinners can support their families during this pandemic, afford critically needed medical care, and support our nation in its economic recovery. Extending work authorization to immigrants, including DACA recipients and TPS holders, not only benefits immigrant youth, but our communities, and the nation’s continued economic recovery.

Thank you for your attention to this urgent matter. We request a response within 15 days and you may contact Congressional Hispanic Caucus Executive Director Alma Acosta at alma.acosta@mail.house.gov. 

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The Congressional Hispanic Caucus (CHC), founded in December 1976, is organized as a Congressional Member organization, governed under the Rules of the U.S. House of Representatives. The CHC is dedicated to voicing and advancing, through the legislative process, issues affecting Hispanics in the United States, Puerto Rico and U.S. Territories.