Asylum seekers are losing their only tangible support

Written by: Tanzilya Oren

UPDATE -- March 29, 2022: U.S. immigration agency moves to cut 9.5 million-case backlog and speed up processing: https://www.cbsnews.com/news/immigration-uscis-case-backlog-processing-delays/ 


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Thousands of asylum seekers are losing the only means of survival they have in the U.S., a temporary employment authorization, and with it, their jobs. This “work permit”, an employment authorization document (EAD), valid for two years and eligible for renewals, is the only tangible benefit asylum seekers can get while waiting for their asylum cases to be reviewed. The problem is an enormous backlog of over 1.5 million applications of EAD renewals at USCIS. Because of the pandemic and office closures, many immigration documents have been stuck in vast piles of backlogged cases. 

The U.S. grants a right to claim asylum, but asylum seekers have permanently been excluded from any federal and dedicated state social supports such as housing, food, cash grants or education. The few available benefits to asylum seekers are uneven and very restricted. For example, non-detained asylum seekers in the U.S. with active asylum claims may access emergency Medicaid, basic English classes, and nonprofit-funded legal and social services. Finding and accessing these services is like playing a lottery as there is no centralized place for asylum seekers to consult.

Four hundred thousand affirmative asylum cases are now backlogged, with thousands of people waiting for their initial interviews for 4-6 years. The priority for an interview goes to the most recently filed claims for asylum, pushing the older applications to the end of the line. People with spouses and children cannot bring their loved ones to the U.S. to wait together; thus, this backlog causes devastating family separations

USCIS granted an automated extension of all expiring EADs in 2021. This extension has expired, and asylum seekers, including survivors of torture, women with children, people with disabilities, are losing their livelihoods across the country because their EADs are not being renewed on time. 

The U.S. government does not provide EADs as a matter of right. USCIS has many grounds for ineligibility for EADs. In 2021 AsylumWorks sued the U.S. government on the rules of excluding certain groups of asylum seekers from eligibility to EADs and won the case, but the further steps will take time. This case does not address the current delays in EAD renewals.

EAD allows asylum seekers to work and pay for basic housing, food, and healthcare. Without EADs, asylum seekers do not have any means of survival while their cases are pending. Because of their precarious legal status, non-U.S. nationality, and no immediate legal recourse, asylum seekers are left starved and unhoused.  

If you are affected by this backlog and have an expiring EAD, you can contact your elected official such as a Congressperson to explain the situation. We also recommend you contact all service providers who helped you with your job search and legal issues, and share your issue regarding EAD. The more people know the more advocacy can be supported nationally. To follow the updates on this advocacy, register with the Asylum Seeker Advocacy Project at https://www.asylumadvocacy.org/

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