The Department of Homeland Security (DHS) announced today the publication of a final rule consistent with the vacatur by the U.S. District Court for the District of Columbia in Asylumworks et al. v. Mayorkas et al. This final rule will take effect as of February 7, 2022.
In June 2020, DHS issued two final rules, titled Removal of 30-Day Processing Provision for Asylum Applicant-Related Form I-765 Employment Authorization Applications Rule (Timeline Repeal rule) and Asylum Application, Interview, and Employment Authorization for Applicants Rule (Broader Asylum EAD rule).
On February 7, 2022, the federal district court vacated the Timeline Repeal rule and the Broader Asylum EAD rule. Effective February 8, USCIS stopped applying these rules to asylum applicants. Instead, we are applying the provisions in effect prior to the rules taking effect in August 2020. See 8 CFR §§ 208 and 274a. This applies to the adjudication of Form I-589, Application for Asylum and for Withholding of Removal, and Form I-765, Application for Employment Authorization, pending with USCIS as of February 8, 2022, or received on or after that date.
Consistent with the vacatur in the Asylumworks case, this final rule removes certain regulatory text governing asylum applications, interviews, and eligibility for employment authorization based on a pending asylum application. We have restored the relevant regulatory text to appear as it did prior to the effective dates of the vacated rules.
