Gov. Kathy Hochul and Mayor Eric Adams, along with other officials, have recently called on President Joe Biden to expedite work permits for the large number of “asylum seekers” overwhelming New York City. However, this demand does not provide a solution to the illegal migrant crisis for various practical and principled reasons. In fact, it is merely a distraction from the fact that the president is unlikely to provide the billions in emergency aid that the city has been requesting. By focusing on work permits, Hochul and Adams avoid addressing the essential step the administration should take to stop the continuous inflow of migrants—preventing their entry into the country in the first place.
Federal law mandates that “seekers” cannot apply for work permits until six months after filing their initial asylum request, and it typically takes an additional two months to obtain approval. With the increasing number of individuals seeking asylum, the processing time will likely lengthen. Are Adams and Hochul suggesting that these migrants should jump to the front of the line? Even if Biden could prioritize their applications, it would rightly anger other parts of the nation facing similar challenges. Additionally, it would significantly increase the number of individuals coming to New York City, as word would spread that the city not only offers free shelter but also quick access to legal work permits.
In the unlikely event that Biden bypassed the law and began freely distributing work permits without any review, the influx of migrants would double overnight. This approach is not only incorrect but also unfair to those who have spent years adhering to the legal process to enter and work in the United States. Moreover, the delay in asylum request processing now exceeds four years. Therefore, any “seeker” who does obtain a work permit would have at least three years of legal employment before facing the risk of deportation. However, over 90% of these seekers do not qualify for asylum under existing laws; they merely state their intention to seek asylum because they know it increases their chances of crossing the border. Speeding up work permit approvals would only attract more individuals to apply for asylum, further extending the already extensive wait time for claim resolution.
Furthermore, most individuals who are denied asylum do not voluntarily leave the country. This misguided approach leads to a growing population of people living “in the dark,” aware that they face deportation if they draw the attention of any authority. Moreover, migrants are more likely to flock to cities and states that have declared themselves “sanctuaries,” where law enforcement does not report them to deportation authorities. It is unlikely that Congress will change the law as desired by Adams, Hochul, and others, even when Democrats control both the House and Senate. The mayor occasionally suggests a “decompression strategy” that implicitly entails temporarily closing the border to illegal entry. However, Biden refuses to take such action, as it would contradict his claims that he has done everything legally possible to address the issue. In reality, Biden and Homeland Security Chief Alejandro Mayorkas are pushing the boundaries of the law to facilitate illegal entry while manipulating reporting to minimize the number of illegal entries, hoping that the media will cooperate.
Currently, the number of illegal entries by “families” has reached a record high, leaving New York politicians to brace for even more arrivals. Biden’s probable next move is to expand the Temporary Protected Status program to include nationals from additional countries, granting them immediate work rights. While this may partially fulfill the requests of Adams and Hochul, it will exacerbate the city’s crisis since legally working migrants can still demand free shelter and healthcare. Adams may alleviate some pressure by eliminating the city’s “right to shelter” policy, but Hochul is concerned that this could lead to a statewide implementation of the policy.
Ultimately, New York’s best hope lies in Washington taking effective action to regain control over the border. Adams and Hochul are aware of this reality but are reluctant to acknowledge it. Instead, they are engaging in political theatrics by fixating on work permits, wasting everyone’s time and failing to provide a viable solution.
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