A group of individuals seeking asylum in the United States proposes a class action lawsuit against U.S. Citizenship and Immigration Services (USCIS) on the basis they are being unlawfully prevented from receiving work authorized as their asylum claims are pending. The plaintiffs, nonimmigrants from Mexico and Central America, have all applied for asylum or withholding of removal as a result of facing removal proceedings. The group claims they would otherwise be authorized to work in the U.S. They state that Congress allows asylum-seekers to be authorized to work once their applications have been pending for more than 180 days, and this period can only be suspended for delays caused by applicants.

The applicants say that USCIS and the Executive Office for Immigration Review (EOIR) have not notified them of any disturbances in the waiting period or allowed them to challenge when this period ends. These practices have put the applicants in extreme financial distress, as they have still not been authorized to work. They are forced to rely on the goodwill of their friends and family to survive.

One plaintiff applied for asylum in April 2018 and their 180-day waiting period is still at zero days which has prevented them from accumulating time towards work authorization. The immigrant advocacy groups representing the plaintiffs state that since this applicant chose a non-expedited date for her hearing, EOIR did not start her waiting period yet. The waiting period continued to sit at zero days even after the Bureau of Immigration Appeals (BIA) denied her asylum and withholding of removal before the Ninth Circuit vacated this decision.

Additionally, the applicants stated that immigration agencies prevent them from reaching 180 days when they attempt to change the location of their court proceedings.

In 2013, USCIS allowed thousands of class members to be authorized to work pending the finalization of their asylum claims after they were sued for a similar reason. However, this settlement expired in 2020. The applicants in this case stated that USCIS and DHS introduced new rules that extended the waiting period from 180 days to a year, eliminated work authorization for many asylum applicants, and prohibited work authorization during judicial review of denied asylum or withholding of removal.

If you have questions about work authorization or any other immigration-related issue, contact us at ILBSG. We put our expertise in U.S. immigration to work for you to ensure you get the right advice for your specific situation.

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