Danielle Spooner, president of the union that represents 14,000 USCIS employees nationwide, urged the agency to avoid furloughs in St. Albans on July 22, 2020. Photo by Sawyer Loftus/VTDigger

ST. ALBANS โ€” Despite an expected financial surplus, U.S. Citizenship and Immigration Services officials have not ruled out furloughing more than 13,000 employees across the country, including about 1,100 employees based in Vermont. 

Union officials joined Rep. Peter Welch, D-Vt., and representatives from the offices of Sens. Patrick Leahy, D-Vt., and Bernie Sanders, I-Vt., Wednesday outside the USCIS service center in St. Albans to demand the agency act. 

โ€œThere is a surplus,โ€ Welch said. โ€œSo the money is there to continue paying the salaries of these hardworking folks here in Franklin County.โ€ย 

If USCIS doesnโ€™t elect to use its surplus funds to prevent the furloughs, temporary layoffs would go into effect Aug. 3.

The agency, however, has refused to agree to use the surplus unless Congress approves additional emergency funds for the upcoming 2021 fiscal year, according to USCIS spokesperson Jessica Collins.ย 

Collins said in a statement Wednesday that without help from Congress, if the agency continues to see revenues come in at the current level, it could โ€œpossiblyโ€ cover expenses through the end of the fiscal year, which ends Sept. 30. However, she said โ€œwe would not be able to sustain operations in FY 2021.โ€

โ€œIn order to delay a furlough, we would need a commitment from Congress to fund USCIS, either through passing legislation or indicating that legislation is forthcoming which would meet our ultimate goal of canceling the furlough once we receive funding,โ€ she said. 

Earlier this week, Leahy, vice chair of the Senate Appropriations Committee, and Sen. Jon Tester, D-Mont., wrote in a letter to USCIS that the projected surplus โ€” estimated to be around $121 million โ€” is in โ€œstark contrastโ€ to the budget outlook the agency had outlined in May, and urged the agency to reverse course on the furloughs.

โ€œDuring this pandemic with record unemployment, needlessly forcing these hardworking Americans into unemployment will crush the morale of the workforce and put an untold number of families into unnecessary financial distress,โ€ the senators wrote.

USCIS reported to Congress earlier this year that a decrease in citizenship and visa applications, and associated fees, had led to a dramatic drop in revenue, leaving the agency with a shortfall through the rest of the fiscal year. 

More than 1,100 USCIS employees in Vermont received furlough notices earlier this month.

Danielle Spooner, a St. Albans resident and president of the union that represents over 14,000 USCIS union members nationwide, said she and her coworkers are needed at work to keep the countryโ€™s immigration system functioning.

โ€œIf we don’t have a legal immigration program, the only thing that’s left is an illegal immigration program because people will come to the United States,โ€ Spooner said.  

Spooner also said that USCIS employees were previously deemed essential workers by the government, which allowed them to continue to work. But now, theyโ€™ve been left to feel that they have lost that essential status. 

โ€œOur position was made essential before everyone went home,โ€ she said. โ€œSo if weโ€™re essential, why is there a furlough? They declared us essential so that we could keep working, thereโ€™s just a lot theyโ€™ll have to account for.โ€ 

Members of Vermontโ€™s delegation are united in their opposition of the furloughs. 

Rep. Peter Welch, D-Vt., and other members of Vermont’s delegation are urging USCIS to use a surplus to avoid furloughs. Photo by Sawyer Loftus/VTDigger

Welch is cosponsoring a House bill that would direct $1.2 billion to avert the furloughs and supports legislation that would fund the agency through the next fiscal year.ย Another option is to negotiate funding for the agency in the next round of Covid-19 related spending the House has already passed.ย 

โ€œPlainly stated, these furloughs would be a terrible catastrophe for every single worker and their families,โ€ Welch said. This would be devastating for these families in Franklin, in Chittenden County. Absolutely devastating. And how can we turn our back on folks who have been loyal public servants for so many years.โ€

Welch said that to his knowledge USCIS has not responded to Leahyโ€™s letter, nor have they given an indication as to what they intend to do with the surplus.

Collins, a USCIS spokesperson, said the agencyโ€™s funding request hasnโ€™t changed and is still needed to ensure agency operations continue โ€œuninterrupted.โ€