ASYLUM CLOCK NEWS

The American Immigration Council (AIC) and the Northwest Immigrant Rights Project (NWIRP) brought a class action lawsuit in December 2011 to challenge government delays in allowing employment authorization documents for asylum seekers. AIC and NWIRP reached agreement with the government last week, and have a hearing scheduled with a federal judge in September 2013 to finalize the settlement. The proposed settlement agreement is designed to address some of the unfair and unreasonable ways that USCIS and immigration courts are implementing the 180 day "clock" on employment authorization for asylum applicants. Once the agreement is approved and finalized by the federal judge, it will change the employment authorization process for some asylum seekers. The proposed changes include: better notice for rescheduling a missed asylum interview; starting the 180 day wait, or "clock," when the asylum application is filed at the immigration court rather than waiting until the hearing date; the hearing date offered on an expedited non-detained case must be at least 45 days in the future (rather than the current 14 days); the clock is "restarted" if the applicant wins on appeal; better information at immigration court hearings on what is happening on the clock; and a process to review improper denials of work permits for class members. The changes would be phased-in over time, starting in November 2013.