U.S. Citizenship and Immigration Services today announced a regulatory change
to deter aliens from illegally entering the United States and from
filing frivolous, fraudulent, or otherwise non-meritorious claims for
asylum to obtain an employment authorization document. This rule does
not alter asylum eligibility criteria in any way and will be effective
on Aug. 25.
This rule stems from the April 29, 2019, Presidential Memorandum on Additional Measures to Enhance Border Security and Restore Integrity to Our Immigration System,
which emphasizes that it is the policy of the United States to manage
humanitarian immigration programs in a safe and orderly manner, and to
promptly deny benefits to those who do not qualify.
“Safeguarding
the integrity of our nation’s legal immigration system from those who
seek to exploit or abuse it is key to the USCIS mission,” said Joseph
Edlow, the USCIS Deputy Director for Policy. “The reforms in this rule
are designed to restore integrity to the asylum system and to reduce any
incentive to file an asylum application for the primary purpose of
obtaining work authorization.
It also deters frivolous and
non-meritorious applications by eliminating employment authorization for
aliens who have failed to file for asylum within one year of their last
entry until USCIS or an immigration judge determines the alien’s
eligibility for asylum.”
The rule prevents aliens who, absent good
cause, illegally entered the United States from obtaining employment
authorization based on a pending asylum application.
Additionally, the
rule defines new bars and denials for employment authorization, such as
for certain criminal behavior; extends the wait time before an asylum
applicant can apply for employment authorization from 150 days to 365
calendar days; limits the employment authorization validity period to a
maximum of two years; and automatically terminates employment
authorization when an applicant’s asylum denial is administratively
final.
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