One of the effects of the late Title 42 was that it prevented the Biden Administration from actively pursuing proposals to reform the asylum system. We already know that its replacement, Title 8 is equally or more stringent in some respects, but it gives the Democratic administration more leeway to introduce structural modifications to the U.S. immigration system.
Now, will there then be a new support project for asylum seekers? Now that Title 42 is no longer with us, some ideas are beginning to emerge. The Biden administration intends to accompany entry restrictions at the southern border with an expansion of legal remedies to enter the United States.
But what will these changes be? Will key elements such as the work permit for asylum seekers also be modified? Will there be any other assistance for applicants? Today, at Jaskot Law we will try to answer some of these questions.
Asylum Seeker Support Project: Biden Administration Tactics
The Administration’s main tactic in beginning to plan a support project for asylum seekers appears to be to delay this process a bit longer and open up other legal avenues for immigrants to reach the United States.
According to some USCIS officials, the idea is to redirect applicants to other legal avenues. The centerpiece of the approach is a tool called “parole”, a temporary status that allows the government to expand legal options for entry into the country so that desperation does not drive migrants to take risks at the border.
However, we know that deportations will continue under Title 8 and, although the administration stated time and again it will expand avenues for legal entry into the United States, deportation proceedings will continue to be a problem. Moreover, paradoxically, this system does not offer migrants asylum in the United States, but rather a two-year period to live and work in this country. What will happen next is not yet clear and will depend, in part, on the outcome of the 2023 elections.
Therefore, it is always advisable to seek the help of an experienced immigration attorney who can appeal and defend you against a deportation order, as well as help you through the difficult immigration process.
At Jaskot Law we are here to help you, whether you wish to apply for asylum or are seeking legal defense against a deportation order. Our professional immigration attorneys are dedicated to helping immigrants realize the American dream. Contact us at +1 (410) 235-6868 or [email protected].
What will happen with deportations?
Regarding deportations, instead of Title 42, the Department of Homeland Security (DHS) will use a practice called “expedited removal”, which, as the name implies, speeds up the process of removal from the country.
As we have said, Biden administration officials believe that the assistance project for asylum seekers is not about removing restrictions or loosening border security, as many Republicans contend, but rather about redirecting the large mass of asylum seekers to other kinds of assistance and legal methods of admission.
In other words, deportations will continue under Title 8 and expedited removal proceedings, so having the assistance of an immigration attorney who specializes in these types of proceedings will continue to be crucial.
For all these reasons, it is important to seek the advice of an expert immigration lawyer who can help you find the best legal ways to enter the country according to your immigration status.
At Jaskot Law we can help you. Our lawyers have the experience, knowledge and dedication to give you the quality legal advice and defense you need. Contact us at +1 (410) 235-6868 or [email protected], we are here to help you.
What will happen to the work permit for asylum seekers?
With regard to work authorization for asylum seekers, USCIS announced in January of this year that certain asylum seekers will be able to file the Form I-765 (Application for Employment Authorization) online.
In what could be categorized as a measure of the support project for asylum seekers, the administration will give those who have been granted asylum to applicants for employment authorization under category (c)(8) the possibility for those applicants whose asylum request is still pending or in the approval process to apply for a work permit.
Now, who falls into category (c)(8)? Applicants for asylum pending and withholding of removal and applicants for asylum pending under the ABC Settlement Agreement. This is a measure that grants work permits for asylum seekers to those persons whose process is still pending.
How to apply for a work permit for asylum seekers?
As we said, to apply for a work permit for asylum seekers you must file Form I-765. To do so, you must follow the steps below:
- Gather the necessary documents: Before you begin the work permit application process for asylum seekers, make sure you have all the required documents, such as the properly filed Form I-589 (Application for Asylum and Suspension of Removal) and the notice of receipt.
- Wait 150 days: You must wait 150 days after filing your asylum application before you can apply for a work permit for asylum seekers. The filing date is the date USCIS receives your Form I-589.
- Access the USCIS website: Visit the website at my.uscis.gov to create a USCIS account online. If you already have an account, you can use it.
- Complete Form I-765: Complete Form I-765 online. Be sure to select the (c)(8) eligibility category for pending asylum applicants.
- Attach the required documents: Scan and attach the required documents, such as a copy of your Form I-589 receipt notice.
- Review and submit the application: Carefully check the information provided on the form. Once you are sure it is correct, submit the application online.
- Track: After submitting your application, you will be able to track the status of your Employment Authorization application online through your USCIS account.
So, is there currently a support project for asylum seekers? Management insists that it does, but it is not entirely clear how it will work. An individual can apply for a place in one of the new parole programs and ultimately file an asylum application, or use the CBP One app to make appointments at ports of entry in northern or central Mexico.
However, as we have already seen in our article on the problems that CBP One has had, demand far exceeds the 1,000 daily appointments offered by DHS and applicants may have to wait for months before getting one. In addition, the Biden Administration has introduced a new regulation stating that people cannot apply for asylum if they did not apply for asylum in the first country they crossed on their way to the United States.
In short, they seem to have certain indications that there will be a support project for asylum-seekers as we can see with the existence of resources such as the “parole” or modifications with respect to the obtaining a work permit for asylum seekers. However, the lack of certainty as to what the new legal channels of access to the United States will be like, coupled with the uncertainty brought about by the national elections and restrictive immigration measures, give us an unclear and at times discouraging outlook.
But there is no need to despair. Migration processes are often full of uncertainty and can be extremely difficult. Therefore, it is necessary to seek legal help from an immigration attorney who knows the U.S. immigration system and knows what his or her clients are going through.
At Jaskot Law we can help you make the American dream a reality. Our professional immigration attorneys know what you are going through and are ready to help you. Contact us at +1 (410) 235-6868 or [email protected], we are here to help you.
Frequently Asked Questions
What are the tactics of the asylum seeker support project implemented by the Biden Administration?
The main tactic of the Biden Administration’s asylum seeker support project is to redirect asylum seekers to alternative legal channels of entry and avoid risks at the border. A “Parole” is used as a temporary tool to expand legal entry options and seeks to provide assistance to migrants.
Will there be changes to the work permit for asylum seekers?
Yes, changes have been made to the work permit for asylum seekers. Some applicants will be able to file Form I-765 (Application for Employment Authorization) online. Those pending their asylum application may apply for work authorization under category (c)(8).
What will happen to deportations under the asylum seeker support project?
Deportations will continue under Title 8 and expedited removal proceedings. The support project focuses on redirecting applicants to legal avenues of entry and does not involve eliminating deportations. It is important to have the advice of an immigration attorney to face deportation proceedings.
How to apply for a work permit for asylum seekers?
To apply for a work permit, you must complete Form I-765. Gather the necessary documents, wait at least 150 days after filing your asylum application, access the USCIS website, complete the online form and attach the required documents. Then, submit the application and track it through your USCIS account.
Is there currently any assistance for asylum seekers?
Yes, the Biden Administration has implemented a support project for asylum seekers. This includes the option of obtaining “parole” as an alternative to irregular entry and the possibility of applying for work permits while the asylum application is pending. However, it is advisable to seek the assistance of an immigration attorney for legal advice and advocacy during the process.