Biden Administration Action: Approved/Retained

2021.05.04 RATIFICATION

On May 4, 2021, Secretary Mayorkas ratified prior delegable actions and decisions regarding the approval, issuance, signing, and publication of the Removal of 30-Day Processing Provision for Asylum Applicant-Related Form I-765 Employment Authorization Applications rulemaking.

Biden Administration Action: Approved/Retained

DHS Ratifies Rule that Removes 30 Day EAD Processing Requirement _ Homeland Security

Secretary Mayorkas ratifies the policy identified in this entry. On May 7, 2021, DHS issued a press release announcing ratification of the Trump administration rule, while acknowledging the importance of issuing timely work authorizations.

Biden Administration Action: Under Study

Rescission of "Asylum Application, Interview, & Employment Authorization" Rule and Change to "Removal of 30 Day Processing Provision for Asylum Applicant Related Form I-765 Employment Authorization"

This notice made known the Biden administration's intent to rescind or substantively revise the Trump-era policy identified in this entry.

DHS announced in the Uniform Regulatory Agenda that it plans to issue a notice of proposed rulemaking that would rescind or substantively revise two final rules related to employment authorization for asylum applicants, including the August 21, 2020 final rule that removed DHS regulatory provisions stating that USCIS has 30 days from the date an asylum applicant files the initial Form I-765, Application for Employment Authorization, to grant or deny that initial employment authorization application.

Biden Administration Action: Approved/Retained

2021.07.30 Ratification of Department Actions

This Biden administration policy ratifies the Trump-era policy identified in this entry.

On July 30, 2021, DHS issued a notice confirming Secretary Mayorkas's May 4, 2021, ratification of the September 9, 2019, and June 22, 2020, Trump-era policies.

Biden Administration Action: Modified

2021.12.07 Rosario Class Action

This Biden administration action modifies the Trump-era policy identified in this entry.

On December 7, 2021, USCIS modified its guidance delineating which applications it must still adjudicate within 30 days.

Biden Administration Action: Revoked/Replaced

2022.04.30 USCIS Stops Applying Certain EAD Provisions for Asylum Applicants

On April 30, 2022, USCIS posted guidance on its website providing notice that as of February 8, 2022, it had ceased applying any portion of the Trump-era rule mentioned in this entry in the adjudication of asylum seekers' applications for employment authorization.

Biden Administration Action: Revoked/Replaced

2022.09.22 Final Rule Published

On September 22, 2022, DHS published a final rule to remove the regulatory text addressed in the Trump-era rule addressed in the original entry and restores the regulatory text to appear as it did prior to the effective date of the Trump-era change, pursuant to and consistent with the vacatur of that rule in AsylumWorks v. Mayorkas on February 7, 2022.