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S. 3665: Asylum Seeker Work Authorization Act of 2022


The text of the bill below is as of Feb 16, 2022 (Introduced).


II

117th CONGRESS

2d Session

S. 3665

IN THE SENATE OF THE UNITED STATES

February 16, 2022

(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.

1.

Short title

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

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.

.