Regulations that limited asylum-seeker work permit applications passed during the Trump Administration, enacted by then acting chief Chad Wolf, have been overturned. The regulations delayed or prevented asylum seekers from applying for work authorization in the United States. The Biden administration has tried to enact one of the policies which struck down the requirement of the government to complete the work authorization from asylum seekers within 30 days.

The basis for overturning the policies stems from the then-acting chief of Homeland Security, Chad Wolf, lacking authority to create the policies. Although current DHS Secretary Alejandro Mayorkas has tried to ratify the elimination of the 30-day requirement, that has also been denied. Since the original effort was not legal, the subsequent adoption of the policy remains invalid.

Several judges have found that Mr. Wolf lacked the ability to enact the policies. Judges in Maryland, New York, California, and now Washington D.C. have all struck down the Trump administration immigration policies brought by Mr. Wolf.

The Federal Vacancies Reform Act (FVRA) was referenced as the information used for the determination. The FVRA further states that all unauthorized actions, in this case, efforts made by Mr. Wolf, are not eligible for adoption.

Two regulations went into effect in August 2020 for asylum-seekers. The “timeline repeal rule” and a policy that added over a dozen restrictions to the employment authorization document (EAD) were enacted. Included in the restrictions was the extension of the waiting period for asylum-seekers to apply for work permits. Previously, asylum-seekers waited 150 days. The now-repealed restriction pushed that waiting period to one year. At that time, an injunction was submitted and won in a Maryland court. With the latest findings from the Washington D.C. judge, all of the restrictions and the repeal of the 30-day requirement are overturned.

ILBSG continues to monitor ongoing policy updates and changes, including the asylum seeker work permit process. If you have questions about your work authorization or any other immigration-related issue, contact us. We put our expertise, experience, and insight to work for you to ensure you get the right advice.

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