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Original Date Announced
June 26, 2020DHS 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 ApplicantsEffective Date
August 25, 2020Subsequent Trump-Era and Court Action(s)
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December 23, 2020
Complaint, AsylumWorks v. Wolf (D.D.C. Dec. 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 the District Court for 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 Clause validity claims about Wolf 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.**
View Document -
February 7, 2022
2022.02.07 AsylumWorks v Mayorkas
On February 7, 2022, the D.C. District Court invalidated two DHS rules (85 Fed. Reg. 38,352 and 85 Fed. Reg. 37,502) that limited asylum-seeker access to employment authorization documents. The Court found that these rules were "void ab initio because, at the time of their promulgation, Chad Wolf was not lawfully serving as Acting Secretary of Homeland Security."
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
View Document
Biden Administration Action: Approved/Retained
June 4, 20212021.06.14 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."
View DocumentBiden Administration Action: Under Study
June 14, 2021Rescission 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.
View DocumentBiden Administration Action: Revoked/Replaced
April 30, 20222022.04.30 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.
View DocumentBiden Administration Action: Revoked/Replaced
September 22, 20222022.09.22 Final Rule Published
On September 22, 2022 DHS published a final rule to remove certain regulatory text governing asylum applications, interviews, and eligibility for employment authorization based on a pending asylum application pursuant to the vacatur in Asylumworks v. Mayorkas on February 7, 2022.
View DocumentCurrent Status
Not in effectJune 4, 2021Acted on by Biden Administration
June 14, 2021Acted on by Biden Administration
April 30, 2022Acted on by Biden Administration
September 22, 2022Acted on by Biden Administration
Original Trump Policy Status
Status: Final/Actual In LitigationTrump Administration Action: RuleSubject Matter: Asylum, Withholding and CATAgencies Affected: USCISAssociated or Derivative Policies
Pre Trump-Era Policies
- December 23, 2008 8 U.S.C. Sect.1158(d)(2)
- October 19, 2018 8 C.F.R. § 208.7
- October 19, 2018 2018.10.19 8 CFR § 274a.12 - Classes of aliens authorized to accept employment
Documents
Trump-Era Policy Documents
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New Policy
Original Source:
85 FR 38532 (June 26, 2020).
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Prior Policy
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Prior Policy
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Prior Policy
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Subsequent Action
Original Source:
Complaint, AsylumWorks v. Wolf (D.D.C. Dec. 23, 2020)
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Subsequent Action
Original Source:
AsylumWorks v. Mayorkas (D.D.C. Feb. 7, 2022)
- Commentary
- Commentary
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Other
Original Source:
NPRM - 84 FR 62374 (Nov. 14, 2019).
Commentary
CLINIC - FAQs on Changes to the Employment Authorization rules for Asylum Seekers
Go to articleNIPNLG Criminal Bars Asylum EADs
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