Overview
Title
Reinstatement of Deferred Enforced Departure and Continuation of Employment Authorization and Automatic Extension of Existing Employment Authorization Documents for Eligible Liberians
Agencies
ELI5 AI
Eligible Liberians can stay in the U.S. and keep working until June 2022, thanks to a new rule from President Biden, giving them more time to become permanent residents.
Summary AI
On January 20, 2021, President Biden directed the reinstatement of Deferred Enforced Departure (DED) for eligible Liberians. As a result, these Liberians have their employment authorization extended until June 30, 2022. The notice also automatically extends certain Employment Authorization Documents (EADs) and assists eligible Liberians in applying for adjustment of status under the Liberian Refugee Immigration Fairness (LRIF) provision. This measure provides Liberians with additional time to apply for permanent residency and ensures they can continue working during this period.
Abstract
On January 20, 2021, President Biden issued a memorandum to the Secretary of Homeland Security (Secretary) directing the Secretary to reinstate Deferred Enforced Departure (DED) for eligible Liberians, and to provide for continued work authorization through June 30, 2022. Eligible Liberian nationals (and persons without nationality who last habitually resided in Liberia) covered under DED as of January 10, 2021 may remain in the United States through June 30, 2022. This notice extends through June 30, 2022 employment authorization for Liberians covered under DED and also automatically extends DED-related Employment Authorization Documents (EADs) for those who already have an EAD with a printed expiration date of March 30, 2020 or January 10, 2021. The reinstatement of DED for Liberians is intended to allow additional time for eligible Liberians to apply for adjustment of status on or before December 20, 2021 under the extension of the Liberian Refugee Immigration Fairness (LRIF) provision in section 901 of the Consolidated Appropriations Act, 2021. Liberians who apply for adjustment of status under LRIF may immediately apply for employment authorization consistent with that provision.
Keywords AI
Sources
AnalysisAI
The document from the Federal Register outlines President Biden's directive, issued on January 20, 2021, to reinstate Deferred Enforced Departure (DED) for eligible Liberian nationals and certain non-national individuals who last resided in Liberia. This action serves to extend their work authorization in the United States until June 30, 2022, and provides them additional time to apply for adjustment under the Liberian Refugee Immigration Fairness (LRIF) provision.
General Summary
President Biden’s memorandum reinstates DED for Liberians, providing them with temporary protection from deportation and extending their work rights in the U.S. The notice also automatically extends certain Employment Authorization Documents (EADs), effectively allowing Liberians to continue working while they apply for permanent residency. The document includes detailed instructions on how to maintain work eligibility and navigate related processes like filing for new EADs or adjusting status under LRIF.
Significant Issues and Concerns
A key issue with this document is its complexity. The legal and bureaucratic language may be challenging for the general public to understand, especially for non-native English speakers. It references numerous immigration forms and processes (such as Form I-9 and E-Verify) without providing simplified explanations, making the information potentially inaccessible to those without legal assistance or a background in immigration processes. Additionally, exclusion criteria for eligibility under DED and LRIF are mentioned but not clearly outlined, which could lead to misunderstandings.
Public and Stakeholder Impact
Broadly, this document impacts a specific group—Liberians residing in the U.S.—by offering them continuance in their work authorization and providing time to secure permanent residency status. While this is significantly positive for those eligible, it places a burden of understanding and correctly navigating the process, which can be daunting.
For employers, especially small business owners unfamiliar with immigration processes, the document's technical instructions around Form I-9 and E-Verify processes might be overwhelming. This could lead to compliance challenges.
Positive and Negative Impacts
Positive Impacts:
- Eligible Liberians: Reinstating DED helps protect them from deportation and allows them to engage in lawful employment, thus contributing to economic stability.
- Temporary Continuation: The extension provides a secure period during which individuals can transition towards seeking permanent residency status.
Negative Impacts:
- Complex Legal Language: The intricate details and technicalities may prove a barrier for understanding for the individuals directly impacted, necessitating legal guidance.
- Employer Requirements: Businesses, especially smaller entities without dedicated HR resources, might struggle to correctly adhere to the specific compliance requirements, potentially leading to penalties for non-compliance.
Overall, while the directive is beneficial in intent, the execution and communication could benefit from simplification and clarity, ensuring that the affected individuals and employers fully understand their rights and responsibilities under these immigration measures.
Issues
• The document contains complex legal and bureaucratic language that may be difficult for the public to understand, especially non-native English speakers.
• The text refers to multiple immigration forms and processes (like Form I-9, I-765, I-485, and SAVE program) without providing simplified explanations or context that could help laypeople understand their importance or use.
• The document frequently requires understanding detailed requirements about immigration status and documents, which might not be easily accessible to or understandable by the general public without legal guidance.
• There might be concerns about the ease of access to services and support, as references to websites and phone numbers assume internet access and language proficiency that some individuals might not have.
• The document outlines specific exclusion criteria for eligibility under DED and LRIF, which could be more explicitly stated to prevent misunderstandings.
• Instructions for employers concerning Form I-9 and E-Verify processes may be too technical for some small business owners who are not familiar with immigration processes.
• The document doesn't provide any insight into potential financial impacts, resources required, or the administrative burden related to the implementation of these immigration measures.