Will the Status of Work Permits in Illinois Change?

 Posted on November 25, 2024 in Immigration

When immigrants arrive in a large city, they are often asked what would help them most. Their answers are usually the same—work. Immigration requirements are often an impediment that leads to the conclusion that the state of Illinois needs to come up with some unique solutions. Since August 2022, some 40,000 immigrants have arrived in the city of Chicago. Almost 10,000 seekers of asylum remain in shelters operated by the city.

Without a work permit, these people are unable to legally work. Without work, they are forced to rely on government assistance just to keep a roof over their heads and food in their bellies. Most are desperate for resources, and some even begin panhandling because they are out of options. Others work for low, "under the table" cash wages. Immigration advocates urge state lawmakers to consider solutions, although federal immigration law governs work permits.

More than one Illinois state representative has introduced resolutions asking President Biden to grant work permit authorizations, but these resolutions have not been successful. If you are an immigrant who needs a work permit so you can work and provide for your family, you would best be served by speaking to a Bloomingdale, IL immigration lawyer from Mevorah & Giglio Law Offices.  

Mayor and Community Leaders Urge the Federal Government to Grant Work Permits

The Mayor of Chicago, along with other community leaders, has previously asked President Biden to consider granting authorization to work to recent arrivals in the state and the nearly 500,000 long-term immigrant residents of Illinois. A partnership between the state and the federal government would have sent a strong message but would not have been legally binding. In any case, with the change in administration, it is unlikely any joint resolution that granted work permits would be honored.

Chicago and the entire state have spent tens of thousands of dollars dealing with the current crisis, yet one component is missing - jobs for immigrants who are more than willing to work. Several programs allow eligible asylum seekers to temporarily live and work in the United States. These asylum seekers must be from Nicaragua, Haiti, Cuba, or Venezuela, which excludes thousands more.

Legal Paths for Work Permits are Filled with Stumbling Blocks

Other legal pathways to obtain a work permit are difficult to achieve because they are often tailored to skilled, highly educated foreign workers or tied to even more complex routes to legal status, like family petitions. Plus, achieving asylum is difficult on its own. Beginning in 1986, the passage of the Immigration Reform and Control Act has regulated the employment of foreign citizens.

Although the federal government has the tools necessary to provide work authorizations quickly, that is unlikely to happen at this juncture. Given the federal government’s past inaction and the new administration, state lawmakers need to take up the cause independently. Some states have at least attempted to travel the difficult state work permit path, but Illinois has not.

A work authorization bill similar to a program for guest workers was introduced by Utah lawmakers more than a decade ago. Unauthorized immigrant workers would have been able to pay a fine, pass a criminal background check, and then apply for a work permit.  Unfortunately, that law has stalled. A year ago, a Senate bill that would have benefitted asylum seekers in the state of New York was introduced.

The bill would create a pathway to temporary work permits. The proposal is expected to face multiple legal challenges. Illinois has been progressive in welcoming immigrants, even passing a measure that allows non-citizens to obtain a driver’s license. It has been an uphill climb that is likely to be even more difficult in the coming four years, leaving the issue of work permits essentially dead.

Contact a DuPage County, IL Immigration Lawyer

If you or a loved one are in the United States with no way to work and make a living, speaking to an experienced Naperville, IL immigration lawyer from Mevorah & Giglio Law Offices can be a good first step. Attorney Steven H. Mevorah has been serving the needs of immigrants throughout Northern Illinois for more than four decades. Call 630-932-9100 to schedule your free consultation.