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Denver exploring possibility of hiring migrants to work for city

Federal law doesn't allow migrants to work for private companies without work authorization, though that rule likely doesn't apply to local and state governments.

DENVER — The City of Denver is exploring the possibility of legally finding ways for migrants to work for the city. Denver's leaders haven't yet convinced the federal government to loosen work regulations for migrant, and the city could take steps on its own to give people arriving from the southern border a way to earn money.

Denver Mayor Mike Johnston met with members of the Biden administration last week in Washington to lobby them to pass changes to a 1980s law limiting who can work in the United States. Migrants are not allowed to apply for federal work authorization for 150 days after they file for asylum. 

A spokesperson for Johnston's office told 9NEWS they are asking Congress to change work authorization requirements as part of a border security bill. If that does not pass, they are asking President Joe Biden to take executive action. Considering the political ramifications that could have during an election year, both those options could prove unlikely. 

In that case, Denver is exploring whether the city can employ migrants to give them jobs and a way to earn money, since the federal work laws likely don't apply to state and local governments. The mayor's spokesperson said it comes with a "significant level of risk," since the legal theory has never been tested. 

"Taking a look at that law from 1986 makes clear that the law does not actually say anything about applying to state or local governments," said César Cuauhtémoc García Hernández, an Ohio State University College of Law professor based in Denver. 

This is all a last-ditch option, but it’s something the city is already exploring. The mayor’s office told 9NEWS they are well aware that if Trump wins the election in November everything could change when it comes to immigration. There are fears that if the city of Denver hires migrants to allow them to work, the federal government, especially under Trump if he wins, could come in and criminally charge everyone from the city who is employing migrants.

Johnston's spokesperson said Denver is exploring "every single option." Johnston has told city council the migrant crisis could cost Denver $180 million this year. 

Credit: KUSA

For now, intersections around Denver have turned into one of the only places that migrants in the city can earn money.

"Support us with your heart," said 19-year-old Brian as he walked from car to car, offering to clean windshields near Alameda and Federal boulevards. "God bless you."

Brian is one of nearly 40,000 migrants who’ve arrived in Denver recently from the southern border. They don’t have federal work authorization and can’t be hired for most jobs. Washing windows is all Brian has found he can do right now. 

Every car that stops is a chance to earn enough to pay rent and feed his six-month-old daughter.  

"People give us money from their heart," Brian said. "We do this for free, but they give us money out of the kindness of their hearts."

Credit: KUSA

Intersections across the city are now filled with migrants with nowhere else to work. David stands off Santa Fe Drive every day, saving up the coins he earns to send back to his family in Venezuela. More people wave him off than accept his offer to work for a couple of seconds in exchange for a few bucks.

"It’s hard. You can’t find any work right now," David said. "We are people with good sentiments. We come to work."

Every red light brings new customers for a group of people who want to work but aren’t allowed to.

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