Asylum Seeker Work Authorization: Comparing Legislation to Improve and Expand Access

Among the most significant challenges facing arriving asylum seekers – and the communities that welcome them – is the ability to access employment authorization. Asylum seekers and other new arrivals in the U.S. need employment authorization documents (EADs) so they can become self-sufficient, lawfully support themselves and their families, and contribute economically to their new communities. In the midst of a historic labor shortage, finding work is not the problem – but our newest neighbors continue to face severe barriers in accessing legal permission to contribute to the workforce. 

Currently, three proposed bills in Congress attempt to address these barriers, improve access to work authorization, and strengthen the economic self-sufficiency of asylum seekers and other new arrivals. Two distinct versions of the Asylum Seeker Work Authorization Act have been introduced in the House of Representatives (H.R. 1325) and the Senate (S. 255). The Assisting Seekers in Pursuit of Integration and Rapid Employment (ASPIRE) Act was introduced in both the House and the Senate in identical versions (H.R. 4309 / S. 2175).

This document aims to compare all three bills and analyze the improvements they would make to work authorization access.

House Asylum Seeker Work Authorization Act (H.R. 1325)
The House version of the Asylum Seeker Work Authorization Act, introduced by Representative Chellie Pingree (D-Maine), is a bipartisan bill that would:

• Reduce the waiting period before an asylum seeker who has filed an asylum claim can receive a work permit from 180 days to 30 days.
• Maintain the validity of an EAD throughout the entire duration of an asylum seeker’s application for asylum, including any potential appeals. 

Senate Asylum Seeker Work Authorization Act (S.255)
The Senate version of the Asylum Seeker Work Authorization Act (S. 225), introduced by Senator Susan Collins (R-ME), also shortens the 180-day waiting period for asylum seekers to receive an EAD to 30 days. However, unlike the House version, the Senate bill:

• Only reduces wait times for two limited categories of asylum seekers: Those already physically present in the United States on the day of the bill’s enactment and those who enter the U.S. via an official port of entry. Only a small minority of arriving asylum seekers are able to present at official points of entry, and those who do are often already provided parole and eligibility for work authorization.
• Does not include extensions on the validity period for EADs, requiring asylum seekers to apply again and again while their cases continue.

ASPIRE Act (H.R. 4309 / S. 2175)
The ASPIRE Act, introduced in the Senate by Senator Kirsten Gillibrand (D-NY) and in the House by Representative Richie Torres (D-NY), aims to both reduce the wait time for asylum seekers to apply for an EAD as well as provide increased funding to allow USCIS to address the work permit processing backlog. The bill would:

• Reduce the 180-day waiting period before asylum seekers can recieve work authorization to 30 days after they file an asylum claim.
• Maintain the validity of an EAD throughout the entire duration of an asylum seeker’s application for asylum, including any potential appeals. 
• Provide $2 billion in funding for USCIS to address the backlog in processing initial EAD applications as well as work permit renewals, at least $1.5 billion of which would be allocated to hire additional personnel.
• Provide $10 billion in funding for the Shelter and Services Program (SSP), which supports shelters and local communities that are providing welcome, respite, and onward transportation in the first 45 days after asylum seekers are released from DHS custody.

Chart: Comparing ASPIRE Act and House & Senate versions of the Asylum Seeker Work Authorization Act

Analysis
Administrative and statutory barriers to work authorization for new arrivals are severe and must be addressed. Asylum seekers are statutorily barred from receiving work authorization for at least 180 days after their asylum claim is filed. A convoluted and ineffective “asylum clock” means that this wait often takes much longer. Individuals also face extended processing delays in actually receiving work permits once they are eligible. While government regulations mandate a 30-day turnaround in EAD processing, in practice work permit applications and extensions can take U.S. Citizenship and Immigration Services (USCIS) well over a year to process and must be regularly renewed. 

All three bills – both the House and Senate version of the Asylum Seeker Work Authorization Act and the ASPIRE Act – are encouraging signs of Congressional interest in reducing the burdens on asylum seekers who want to legally enter the U.S. workforce. 

However, severe eligibility restrictions in the Senate version of the Asylum Seeker Work Authorization Act (S. 255) mean that – as introduced – the bill is not an effective tool to support the economic self-sufficiency of most asylum seekers. In practice, the legislation would expand access to EADs for very few new arrivals and it would require those who do have access to continually renew their work authorization as their cases proceed. 

Conversely, the House version of the bill (H.R. 1325) represents a critical bipartisan step towards expanding and improving access to EADs for many asylum seekers. H.R. 1325 is a bipartisan effort that stands a good chance of garnering broad support in Congress and meaningfully improving asylum seekers’ ability to support themselves, their families, and their communities.

The ASPIRE Act includes similar provisions to the House version of the Asylum Seeker Work Authorization Act, and also provides for increased funding for USCIS to address the work authorization backlog and for the Shelter and Services Program (SSP) to support communities offering shelter, respite, and welcome to arriving asylum seekers. It currently does not have bipartisan support. 

Conclusion
Congress must act to address statutory barriers and unnecessary delays in access to work authorization. Of the three bills currently being considered, the ASPIRE Act provides the most comprehensive provisions and would address both legislative and administrative barriers to work authorization. However, it is the only bill that currently lacks bipartisan support, and the House Asylum Seeker Work Authorization Act would also significantly improve asylum seekers’ ability to work and support themselves and their families. 

Church World Service urges Congress to support and pass either the ASPIRE Act or the House version of the Asylum Seeker Work Authorization Act.