15/11/2012

Up against the Asylum Clock, Fixing the Broken Employment Authorization Asylum Clock


The Center for Immigrants' Rights and the American Immigration Council's Legal Action Center released (in February 2010) a report on the difficulties experienced by asylum seekers in obtaining Employment Authorization Document in the United States of America. 
The report: (1)  identify problems with the government’s management of the Employment Authorization Document (EAD) asylum clock;  (2) suggest a new policy for operation of the EAD asylum clock. The report incorporates information obtained by the Center and the LAC and analyzes information from attorneys, organizations, and individuals about their experiences with the “asylum clock.”
While asylum applicants are waiting for their cases to be adjudicated, they must also wait to be eligible for employment authorization. The EAD asylum clock potentially affects more than 50,000 asylum applicants every year. 
During this time, many must support themselves or rely on others for financial assistance. However, the government’s current administration of the EAD asylum clock causes asylum applicants to encounter excessive delays in receiving work authorization and in some instances, results in them never receiving one at all. Some applicants eventually are forced to work without authorization at the risk of exploitation or rely on others while they wait for a decision on their asylum case. Work authorization allows asylum applicants to support themselves and their families independently and with dignity. Improving the current asylum clock system will ensure that asylum applicants become eligible for employment authorization without unnecessary delays and closer to the timeframe outlined in the Immigration and Nationality Act (INA).

To download the report see: http://law.psu.edu/_file/Immigrants/Asylum_Clock_Paper.pdf


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