The DHS Denies Work Permits to Most Asylum Seekers

DHS wants to extend waiting time for asylum seekers to obtain work permit

The DHS complicates the process for asylum seekers to get employment authorization

The global pandemic has given the Trump administration an opportunity to implement stringent and often labeled “arbitrary” measures to reduce immigration in the US.

During the past few years, one of the main focuses of Trump’s administration has been to reduce the number of asylum seekers entering the country.

That is why several action plans were proposed to change asylum policies during 2019. For instance:

  • The Migrant Protection Protocol (MPP), also known as Remain in Mexico”.
  • Express deportations amid the pandemic for asylum seekers who cross borders without legal documentation.

Besides that, during November 2019, the Department of Homeland Security (DHS) released a Notice of Proposed Rulemaking (NPRM), suggesting several changes to asylum applications and employment authorization.

To explain briefly, asylum applications are abundant and waiting times can even exceed one year, therefore, the US law allows asylum seekers to obtain a temporary work permit while waiting for the response to their immigration requests.

Certainly, they must meet the eligibility requirements to obtain employment authorization.

The DHS new proposal regarding asylum applications

On Friday, June 26, 2020, while the entry of asylum seekers is banned until the end of July, the DHS proposed several changes in asylum policies, this time amid the global Coronavirus pandemic.

The proposed rule by the DHS (supported by the Trump government) focuses primarily on changing processes for asylum seekers to obtain a work permit while awaiting the response to their immigration requests.

Some of the proposals are:

1. Extend the suggested time to apply for a work permit

Currently, asylum seekers must wait 180 days after submitting their application to apply for a legal work permit.

The DHS proposes that this time period be extended to 365 days.

2. Grant work permits only to asylum seekers who follow the process correctly

The DHS proposes that each asylum application should be reviewed cautiously to avoid issuing a legal work permit to immigrants who have attempted to cross borders without documentation.

Other than that, if immigrants are eligible, they must submit the asylum application during the first year of residence in the US, otherwise they will not be able to obtain legal work permit.

This proposal is subject to specific exceptions.

3. Denied asylum applications cannot obtain work permits

If an asylum application is denied, the DHS proposes that the employment application connected with that request be immediately canceled.

Apart from these three specific proposals, the official document states the details of the changes that the DHS wants to implement in asylum application policies.

Seek specialized help for your Asylum Case, contact our experienced attorneys.

The possible repercussions

If this rule is accepted, it will take effect on August 25, 2020 and will prevent thousands of immigrants from obtaining legal work permits while waiting for an official response to their asylum applications.

Thus, the Trump administration argues that asylum seekers may have to live on charity, donations, or in shelters.

However, multiple immigrant rights advocates and activists have criticized this government decision, arguing that this rule harms the lives of innocent people and violates the laws established by the US Constitution.

Follow an expert’s advice

It is better to avoid any difficult situation in these times of crisis. The most viable option is to seek reliable help from experts to present your immigration case and avoid possible rejection by the US Citizenship and Immigration Service (USCIS).

If you have any questions about an immigration issue or relating to a case you may have currently in progress, then please don’t hesitate to contact us for a FREE Phone Consultation with one of our expert immigration attorneys.

Simply call Motion Law today at: (202) 918-1799.