In Support of Authorizing Power to Municipalities to Issue Employment Authorization Within Their Jurisdictions and In Support of Additional Federal Resources
Adopted at the in 2023
WHEREAS, mayors from across the country have launched innovative and humane programs to support the newly arrived immigrants, including providing shelter, food, legal services, education, healthcare; and
WHEREAS, the lack of congressional action has prevented our nation from modernizing our federal immigration system and left cities ill-equipped to integrate our new neighbors fully and compassionately. Further, some states have taken misguided actions in their efforts to implement existing federal laws; and
WHEREAS, ability to work is essential for asylum seekers and our immigrant communities to obtain financial stability and independence; and
WHEREAS, employers in cities across the country are facing a tight labor market with a dire shortage of workers in various industries; according to the U.S. Department of Labor, the number of job openings available across the country has outpaced the number of people looking for work; and
WHEREAS, under federal law and regulation, non-citizens cannot legally work in the U.S. unless they have work authorization from the federal government. For most non-citizens, this means seeking an Employment Authorization Document ("EAD"). These requirements preempt and prevent localities from directly issuing work authorization to non-citizens; and
WHEREAS, current USCIS processing of EADs has been plagued by excessive delays and confusing bureaucracy; and
WHEREAS, cities understand that the federal government has broad power over the subject of immigration; Article I, Section 8 of the United States Constitution grants to Congress the power "to establish an uniform Rule of Naturalization." however, cities also understand that until the late 19th century, particular immigration issues were largely left up to individual localities and states to regulate; and
WHEREAS, cities must be able to respond pro-actively both to the labor shortage and the influx of new arrivals who are ready, willing, and able to contribute to their new home; and
WHEREAS, the Trump-era Title 42 policy is set to lift on May 11, 2023, which will result in a further increase in the number of asylum seekers entering the U.S., immigration is a federal issue and requires a comprehensive federal response that does not rely on harmful temporary solutions like Title 42 but instead focuses on addressing root causes of migration and meets the needs of those seeking safety and their receiving communities.. Many state and local governments are facing enormous strains on their resources due to the huge influx of asylum seekers with no pathway forward due to the enormous backlog in immigration court.
WHEREAS, FEMA has been awarded a small amount of funding to assist jurisdictions, however this funding is not sufficient to support the existing populations let alone a sizeable increase over the next several months. Granting asylum seekers access to work authorization will allow them to become self-sufficient as quickly as possible and mitigate the need for external funding.
WHEREAS, the U.S. Conference of Mayors proposes three tools the executive branch could use to assist non-citizens in obtaining work authorization: (1) faster processing times for EADs, (2) expanding and extending parole status so humanitarian parolees do not lose their ability to work or apply for work, and (3) expanding the applicability of TPS; and
WHEREAS, cities also understand that a bold partnership with the federal government is needed to address the current humanitarian crisis and uphold our values as a nation of immigrants; that is why cities urge the federal government to authorize the power of municipalities to establish eligibility requirements for work permits in their jurisdiction;
NOW, THEREFORE, BE IT RESOLVED that the U.S. Conference of Mayors supports a request to the federal government to authorize municipalities to establish eligibility requirements for work permits in their jurisdiction;
BE IT FURTHER RESOLVED, that the U.S. Conference of Mayors supports three basic tools the executive branch could use to assist non-citizens in obtaining work authorization: (1) faster processing times for EADs, (2) expanding and extending parole status so humanitarian parolees do not lose their ability to work or apply for work, and (3) expanding the applicability of TPS. Further, the U.S. Congress must include significant resources to assist state and local governments with the asylum seeker crisis.