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

  1. Original 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; limiting the employment authorization validity period to a maximum of two years; automatically terminating employment authorization when an applicant’s asylum denial is administratively final, and barring 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]

    DHS Final Rule: Asylum Application, Interview, and Employment Authorization for Applicants
  2. Effective Date

    August 25, 2020
  3.  
  4. Biden Administration Action: Approved/Retained

    June 4, 2021

    2021.06.14 Reported on Law360: DHS Says Wolf Had Power To Issue Asylum Work Permit Regs

    On June 4, 2021, Biden's DHS "asked a Maryland federal court to preserve Trump-era regulations restricting asylum-seeker work permits, saying the official who created the policies had the legal authority to do so despite several courts calling that authority into question."

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  5. Biden Administration Action: Under Study

    June 14, 2021

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

    DHS announced in the Unified 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 25, 2020 final rule that modified DHS's regulations governing asylum applications, interviews, and eligibility for employment authorization based on a pending asylum application.

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  6. Biden Administration Action: Revoked/Replaced

    April 30, 2022

    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 for the adjudication of asylum-seekers' applications for employment authorization.

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  7. Biden Administration Action: Revoked/Replaced

    September 22, 2022

    2022.09.22 Final Rule Published

    On September 22, 2022, DHS published a final rule to removes the regulatory text addressed in the Trump-era rule addressed in the original entry and restore 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.

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Current Status

Not in effect

Most Recent Action

September 22, 2022 Action: Revoked/Replaced 2022.09.22 Final Rule Published
June 4, 2021
Acted on by Biden Administration
June 14, 2021
Acted on by Biden Administration
April 30, 2022
Acted on by Biden Administration
September 22, 2022
Acted on by Biden Administration

Original Trump Policy Status

Trump Administration Action: Rule
Subject Matter: Asylum, Withholding and CAT
Agencies Affected: USCIS

Commentary

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