~ Herring joins coalition of states, cities, and counties in arguing that DHS rules would limit job opportunity for asylum seekers, irreparably harm state economies ~

RICHMOND (August 4, 2020) – Attorney General Mark R. Herring today joined a coalition of 20 state attorneys general and 10 major cities and counties from around the nation in challenging the Trump Administration’s efforts to limit access to employment authorization for asylum seekers. Under two new rules, individuals seeking asylum in the United States would be indefinitely delayed, and barred in some cases, from obtaining authorization to work. In an amicus brief, filed in support of the plaintiffs in Casa de Maryland, Inc. et al v. Wolf, Attorney General Herring and his colleagues urge the U.S. District Court for the District of Maryland to uphold the plaintiff’s request for a preliminary injunction.

“Individuals who come to our country seeking asylum deserve the right to be able to work here and provide for their families without having to wait for excessively long periods of time,” said Attorney General Herring. “Most of these asylum seekers have come to the United States to escape dangers in their home countries and provide a better, more stable life for themselves and their families. Time and again the Trump Administration has tried to put policies in place in an attempt to discourage asylum seekers from coming to this country. The United States was built on providing a safe harbor for those seeking refuge and I will not let Trump and his allies undermine that incredibly important mentality.”

 

The first new Trump Administration rule will require asylum seekers to wait a year before applying for employment authorization, and bar many from obtaining authorization at all. The second rule will eliminate the longstanding requirement that employment authorization applications be processed within 30 days, thus allowing such applications to sit untouched indefinitely.

In the amicus brief, the coalition highlights the substantial burdens these rules will pose on both states and asylum-seekers. The coalition argues that by prohibiting asylum seekers from working for extended periods, or at all, the new rules will significantly lower the tax revenue that states and localities receive as a result of asylum seekers’ economic activity. Moreover, the inability of asylum seekers to access employer-sponsored health care will lead to increased health and welfare costs shouldered by the states. These costs will be disproportionately felt by the states filing the amicus brief. Collectively, the coalition states are home to more than 26 million immigrants, and over 65 percent of the individuals granted asylum in the United States.

Joining Attorney General Herring in filing today’s amicus brief are the attorneys general of California, Colorado, Connecticut, Delaware, Hawaii, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and the District of Columbia; as well as the cities of Albuquerque, NM, Chicago, IL, Los Angeles, CA, Madison, WI, Minneapolis, MN, New York, NY, Oakland, CA, and Seattle, WA; and both Cook County in Illinois and Howard County in Maryland.

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