A lawsuit filed to challenge Trump administration policies that delayed asylum-seekers work permit access should be eliminated, per the Biden administration. The basis of the claim is the policies enacted under President Trump are no longer in effect. Therefore, the very basis of the lawsuit no longer exists. And as such, the lawsuit should be dropped.

Per the U.S. Department of Homeland Security, the lawsuit that sought to end the effort to repeal the 30-day deadline for issuing work permits is no longer valid. Leaving the lawsuit open could give the lawsuit filers the option to use legal action to challenge any issues that should arise for work permits for asylum-seekers. The original lawsuit focused solely on blocking the Trump administration’s policy to end the 30-day deadline for issuing work permits for qualifying asylum-seekers.

The group who filed the lawsuit continues to push for a decision from the courts to their lawsuit. They claim a group of asylum-seeking clients was still waiting months for their work permits, even though a D.C. judge reinstated the 30-day deadline to process requests. The group claims the Biden administration is not being clear about the use of Form I-765, the work permit application form. Further, they claim the process of identifying asylum-seeker applicants has changed, delaying the applicants’ processing.

In response to these claims, the Department of Homeland Security (DHS) states these issues are to be expected after vacating the Trump-era rules. In addition, DHS states they are actively addressing Form I-765, issuing updated instructions in September 2022.

If you have questions about your work permit or any other immigration-related issue, please contact us. We work with our clients in their specific situations to ensure they get the proper guidance to increase their chances of a successful outcome. We’re with you every step of the way.