What This Bill Does
This bill allows certain people who are seeking asylum in the United States to get permission to work while the government decides whether to grant them asylum status. The bill changes existing rules to let the Secretary of Homeland Security (the federal agency that handles immigration) approve work permits more quickly for eligible asylum seekers.
Who It Affects
Asylum seekers (people asking the government for protection in the United States) who meet specific requirements. The Secretary of Homeland Security, who must grant the work permits. Employers who may hire these asylum seekers.
Key Provisions
The Secretary of Homeland Security can provide work authorization to asylum seekers who have been continuously in the United States since the bill becomes law, or who entered at an official port of entry, are not in detention, and whose asylum applications have not been deemed frivolous (Sec. 2(B)(i)).
Work permits can be approved as soon as 30 days after an asylum seeker files their application if they meet all the requirements above, instead of waiting the normal 180 days (Sec. 2(B)(ii)).
Employment authorization lasts for an initial 2-year period and can be renewed for additional 2-year periods while the asylum claim is still being decided, including during appeals (Sec. 2(C)).
What Changes
The bill amends federal immigration law to let the Secretary of Homeland Security authorize work permits for asylum seekers faster than current rules allow. It creates an expedited process for certain asylum seekers to work in the United States while waiting for their cases to be decided.
Important Definitions
Port of entry: An official location where people are authorized to cross into the United States.
II
118TH CONGRESS
1ST SESSION
S. 255
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 2, 2023
Ms. COLLINS (for herself, Ms. SINEMA, and Mr. KING) introduced the fol-
lowing 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 Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Asylum Seeker Work
4
Authorization Act of 2023’’.
5
SEC. 2. EMPLOYMENT AUTHORIZATION FOR ALIENS SEEK-
6
ING ASYLUM.
7
Section 208(d)(2) of the Immigration and Nationality
8
Act (8 U.S.C. 1158(d)(2)) is amended to read as follows:
9
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•S 255 IS
‘‘(2) EMPLOYMENT AUTHORIZATION.—
1
‘‘(A) EMPLOYMENT ELIGIBILITY.—Except
2
as provided in subparagraph (B)—
3
‘‘(i) an applicant for asylum is not en-
4
titled to employment authorization, but
5
such authorization may be provided under
6
regulation by the Secretary of Homeland
7
Security; and
8
‘‘(ii) an applicant who is not otherwise
9
eligible for employment authorization shall
10
not be granted such authorization before
11
the date that is 180 days after the date on
12
which the applicant files an application for
13
asylum.
14
‘‘(B) EXPEDITED
EMPLOYMENT
ELIGI-
15
BILITY.—
16
‘‘(i) IN GENERAL.—The Secretary of
17
Homeland Security shall authorize employ-
18
ment for an applicant for asylum—
19
‘‘(I) who—
20
‘‘(aa) has been continuously
21
physically present in the United
22
States since the date of the en-
23
actment of the Asylum Seeker
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•S 255 IS
Work Authorization Act of 2023;
1
or
2
‘‘(bb) entered the United
3
States at a designated port of
4
entry (as such term is used in
5
section
411(e)(3)(A)
of
the
6
Homeland Security Act of 2002
7
(6 U.S.C. 211(e)(3)(A)));
8
‘‘(II) who is not in detention;
9
‘‘(III) whose application for asy-
10
lum has not been determined frivo-
11
lous; and
12
‘‘(IV) with respect to whom the
13
procedures required under paragraph
14
(5)(A)(i) have been completed.
15
‘‘(ii) APPLICATION.—The Secretary
16
may not grant employment authorization
17
under this subparagraph to an applicant
18
for asylum who is not otherwise eligible for
19
employment authorization before the date
20
that is 30 days after the date on which the
21
applicant filed an application for asylum.
22
‘‘(C) TERM.—Employment authorization
23
under this paragraph—
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•S 255 IS
‘‘(i) shall be for an initial period of 2
1
years; and
2
‘‘(ii) shall be renewable for additional
3
2-year periods while the applicant’s asylum
4
claim is being adjudicated, including while
5
the claim is under administrative or judi-
6
cial review.’’.
7
Æ
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