Asylum seekers work permit renewal

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Asylum seekers work permit renewal

Dec 26, 2021

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The American constitution allows immigrants who are seeking asylum to stay within the country while their application is being reviewed or pending. During this time they are allowed to apply for work permits which will allow them to legally obtain a job and in most states, a driver's license.

Work permits typically last for 2 years after which it automatically renews itself for 180 days. Once this period is over, the asylum seekers must apply for renewals. The Department of Homeland Security's policy states that each work permit renewal will be adjudicated within 180 days. A lawsuit was filed last month by 5 asylum seekers saying that the government takes much longer than 180 days to renew the permits. As a result of this, most asylum seekers have expired work permits and lose employment opportunities. Emma Winger, the attorney for the plaintiffs has said in their lawsuit that one of them had to wait for a year to get his permit renewed.

A federal judge ruled denying the request from the asylum seekers to fore the US Government to speed up the process. Winger said that the ruling is disappointing. Upon denying the injunction, U.S. District Judge Maxine Chesney wrote that the 180 day time period is not a mandatory rule imposed on the Department of Homeland Security but more like a goal set by the department for themselves. She said that while approving work permits "courts have found delays of several years are not unreasonable." The judge also denied the plaintiff's request for class certification, find each plaintiff would be examined individually for the harm caused by the delay. Wagner said that the case will nevertheless continue.

Since the ruling, 3 out of the 5 plaintiffs have gotten their permits renewed. The government says that the delays are caused due to covid backlog.

Source: Courthouse News Service