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DHS publishes final rule adopting one-year wait for asylum EADs

  1. Date Announced

    June 26, 2020

    DHS publishes final rule extending the wait time before an asylum applicant can apply for employment authorization from 150 days to 365 calendar days; limits the employment authorization validity period to a maximum of two years; automatically terminates employment authorization when an applicant’s asylum denial is administratively final, and bars asylum applicants from EAD eligibility if they have been convicted of particularly serious crimes. The rule was signed by Chad Mizelle, Senior Official Performing the Duties of the General Counsel, on behalf of Acting Secretary Wolf.

    [ID #984]

    View Policy Document
  2. Effective Date of Change

    Aug. 25, 2020
  3. Subsequent Action

    December 23, 2020

    Individual and organizational plaintiffs filed suit against the Department of Homeland Security, Acting Secretary Chad Wolf, and Acting DHS General Counsel Chad Mizelle in D.D.C., seeking declaratory and injunctive relief regarding two rules (85 Fed. Reg. 38,352 and 85 Fed. Reg. 37,502) limiting asylum seekers' access to EADs. Plaintiffs raise acting appointments validity claims in addition to other claims.

    **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

    Complaint, AsylumWorks v. Wolf (D.D.C. Dec. 23, 2020)

Commentary

CLINIC - FAQs on Changes to the Employment Authorization Rules for Asylum Seekers

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NIPNLG - Practice Alert Proposed Criminal Bars to Asylum: Intersection with New and Proposed Asylum Regulations

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