Maine officials call for automatic extension of asylum seeker, immigrant work authorizations

Maine’s governor and two federal lawmakers are calling on President Joe  Biden’s administration to make permanent a temporary rule that increased the automatic extension period of work authorizations for immigrants and asylum seekers, citing the current backlog as a threat to the livelihoods of those workers as well as employers amid nationwide staffing shortages. 

Democratic U.S. Rep Chellie Pingree, independent U.S. Sen. Angus King and Democratic Gov. Janet Mills sent a letter to the U.S. Department of Homeland Security Secretary Alejandro Mayorkas and U.S. Citizenship and Immigration Services Director Ur Jaddou on Friday to expeditiously codify the automatic extension of expiring Employment Authorization Documents for up to 540 days. 

“[Employment Authorization Documents] allow immigrants and asylum seekers to provide for themselves and their loved ones and integrate into their new communities while navigating the adjudication process,” they wrote. “They also provide critical relief to employers.”

Nearly two jobs are open for every job seeker in Maine, they wrote, adding that every willing and able worker makes a difference.

The automatic extension period was increased to up to 540 days from 180 days under a temporary rule issued in April, but the Maine officials are seeking to make that rule change permanent. Currently, USCIS has a processing time of 12 months, which would be double the automatic extension time if the rule isn’t codified. 

As of June 30, 2024, 900,000 people were waiting for their initial EAD application to be processed, while an additional 500,000 were seeking renewals.

Given these numbers and that U.S. Citizenship and Immigration Services anticipates their processing workload to increase, significant delays in authorizations and renewals are continued to be expected, the lawmakers concluded. 

“While we appreciate the efforts USCIS has made to resolve this issue, such as using supplemental funding appropriated by Congress to alleviate staffing shortages and investing in improved technology, more relief is needed,” they wrote. 

These Maine officials have also been pushing to expedite work authorizations. 

Under the Immigration and Nationality Act, asylum seekers currently have to wait 180 days after filing for asylum to obtain a work permit. Leaders of immigrant rights groups in Maine argue shortening the waiting period would help alleviate constraints in providing resources, such as housing to new arrivals, while also addressing the workforce shortage. 

In 2023, Pingree introduced a bill in the U.S. House to shorten the waiting period to 30 days, as well as eliminate the 2-year renewal schedule, which she argues places unnecessary bureaucratic burdens on USCIS and creates costly delays for immigrants.

Her counterparts in the Senate, King and Republican Susan Collins, proposed similar legislation, however their plan would require asylum seekers to enter the U.S. through an official port of entry. For that reason, Pingree’s version has been the preferred choice of many immigrant rights groups in Maine.