Title: Asylum Seeker Work Authorization Act of 2022
Policy area: Immigration

Summary:
Asylum Seeker Work Authorization Act of 2022
This bill directs the Department of Homeland Security (DHS) to provide employment authorization for eligible asylum applicants. Currently, such individuals are not entitled to employment authorization but may be granted such by the Department of Justice.
DHS must grant employment authorization to an asylum seeker (1) who is not in detention, (2) whose application for asylum has not been deemed frivolous, and (3) whose identity has been checked against certain databases. Such employment authorization shall last for one year and be renewable for one-year terms during the period necessary to adjudicate the applicant's asylum claim.
The bill also shortens the waiting period for receiving employment authorization to 30 days from the filing of the asylum application.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3665 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 3665

To authorize certain aliens seeking asylum to be employed in the United 
         States while their applications are being adjudicated.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 16, 2022

  Ms. Collins (for herself, Ms. Sinema, and Mr. King) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
To authorize certain aliens seeking asylum to be employed in the United 
         States while their applications are being adjudicated.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Asylum Seeker Work Authorization Act 
of 2022''.

SEC. 2. EMPLOYMENT AUTHORIZATION FOR ALIENS SEEKING ASYLUM.

    Section 208(d)(2) of the Immigration and Nationality Act (8 U.S.C. 
1158(d)(2)) is amended to read as follows:
            ``(2) Employment authorization.--
                    ``(A) Eligibility.--The Secretary of Homeland 
                Security shall authorize employment for an applicant 
                for asylum--
                            ``(i) who is not in detention;
                            ``(ii) whose application for asylum has not 
                        been determined frivolous; and
                            ``(iii) with respect to whom the procedures 
                        required under paragraph (5)(A)(i) have been 
                        completed.
                    ``(B) Application.--The Secretary may not grant 
                employment authorization under this paragraph to an 
                applicant for asylum who is not otherwise eligible for 
                employment authorization until 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 a period of 1 year; and
                            ``(ii) shall be renewable for additional 1-
                        year periods while the applicant's asylum claim 
                        is being adjudicated, including administrative 
                        or judicial review.''.
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