Public Comment Filed Opposing the Removal of the 30-Day Processing Provision for Asylum Applicants-Related Form I-765 Employment Authorization Applications, DHS Docket No. USCIS-2018-0001, 84 F.R. 47148 (filed Nov. 8, 2019)

On November 8, 2019, Immigration Equality submitted a public comment opposing the Department of Homeland Security’s proposed Rulemaking on the Removal of the 30-Day Processing Provision for Asylum Applicant-Related Form I-765 Employment Authorization Applications.  Prior to the proposed rule, USCIS was required to adjudicate an asylum seeker’s work authorization (EAD) application within 30 days. The Proposed Rule eliminates the 30-day deadline without instating an alternative, making it more difficult for asylum seekers, including LGBTQ and HIV-positive applicants, to access work authorization. In the comment, ImEq explains that the proposed rule will restrict asylum seekers’ access to resources, including, housing, health care, social services and legal representation. Additionally, the proposed rule will be costly to the government and the overall economy without providing any real benefit. For these reasons, Immigration Equality opposed the proposed rule and strongly supports allowing asylum seeks to apply for EADs concurrently with their asylum application or, in the alternative, keeping the 30-day deadline in place.

The proposed rule was finalized and went into effect August 21, 2020, but has been partially enjoined in Casa de Maryland v. Wolf.  

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