President Trump issued a memo to the Attorney General and the Secretary of Homeland Security on April 29, 2019 proposing additional changes to the asylum process in the U.S.
Currently applicants for asylum are not required to pay a filing fee to USCIS in order to submit an application for asylum, nor are they required to pay a filing fee for their first work permit application. However, they are not allowed to file an application for a work permit until their applications for asylum have been pending for 150 days, and they cannot receive those permits until their applications for asylum have been pending for 180 days without a decision. Additionally, applicants for asylum are allowed to both file for asylum and request a work permit after 150 days regardless of how they entered the U.S.
Under President Trump’s new proposal, all asylum applications filed in immigration court should be adjudicated within 180 days of filing, meaning those applicants would not become eligible for work authorization unless their applications are approved.
The president also proposed setting a fee for asylum applications and a fee for the initial application for work authorization for all applicants.
Additionally, he proposed preventing applicants who entered the U.S. without inspection before applying for asylum from being eligible for work authorization at any point while their applications for asylum are pending.
The president continues to attempt to prevent asylum seekers from receiving asylum in the U.S. or any benefits while they await adjudication of their applications. Each time he has proposed a change to the asylum process he has been challenged in federal court. This proposal will likely be no different.
If you have questions about asylum or your options under immigration law, contact Joseph & Hall P.C. to schedule a consultation with one of our attorneys.
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