Asylum Seeker Work Authorization Act of 2023

To authorize certain aliens seeking asylum to be employed in the United States while their applications are being adjudicated. 1. Short title This Act may be cited as the Asylum Seeker Work Authorization Act of 2023 2. Employment authorization for aliens seeking asylum Section 208(d)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1158(d)(2) (2) Employment authorization (A) Employment eligibility Except as provided in subparagraph (B)— (i) an applicant for asylum is not entitled to employment authorization, but such authorization may be provided under regulation by the Secretary of Homeland Security; and (ii) an applicant who is not otherwise eligible for employment authorization shall not be granted such authorization before the date that is 180 days after the date on which the applicant files an application for asylum. (B) Expedited employment eligibility (i) In general The Secretary of Homeland Security shall authorize employment for an applicant for asylum— (I) who— (aa) has been continuously physically present in the United States since the date of the enactment of the Asylum Seeker Work Authorization Act of 2023 (bb) entered the United States at a designated port of entry (as such term is used in section 411(e)(3)(A) of the Homeland Security Act of 2002 ( 6 U.S.C. 211(e)(3)(A) (II) who is not in detention; (III) whose application for asylum has not been determined frivolous; and (IV) with respect to whom the procedures required under paragraph (5)(A)(i) have been completed. (ii) Application The Secretary may not grant employment authorization under this subparagraph to an applicant for asylum who is not otherwise eligible for employment authorization before the date that is 30 days after the date on which the applicant filed an application for asylum. (C) Term Employment authorization under this paragraph— (i) shall be for an initial period of 2 years; and (ii) shall be renewable for additional 2-year periods while the applicant’s asylum claim is being adjudicated, including while the claim is under administrative or judicial review. .

Summary: Asylum Seeker Work Authorization Act of 2023 This bill provides expedited work authorization to certain asylum applicants, specifically those who (1) entered the United States at a designated port of entry, or (2) have been continuously physically present in the United States since this bill's enactment. Such individuals, if they meet other requirements (e.g., are not in detention and have filed an application for work authorization), shall be eligible to receive work authorization 30 days after filing an asylum application. By contrast, other asylum applicants (e.g., an individual who entered the United States after this bill's enactment at a place other than a designated port of entry) must wait 180 days after filing an asylum application to be eligible for work authorization, as required under current law for all asylum applicants. Furthermore, asylum applicants who meet all the requirements to receive expedited authorization shall be entitled to work authorization. By contrast, other asylum applicants may, but are not entitled to, receive work authorization, as specified under current law for all asylum applicants.