Final rule to restore asylum regulations
September 22, 2022
The publication of a final rule of the Department of Homeland Security was announced to restore asylum regulations consistent with the vacatur of the U.S. District Court for the District of Columbia in Asylumworks et al. v. Mayorkas et al. The final rule is effective starting Feb. 7, 2022. On Feb. 7, 2022, the federal district court vacated the Timeline Repeal rule and Broader Asylum EAD rule, and effective Feb 8, USCIS stopped applying these rules to asylum applicants. USCIS is instead applying the provisions in place before the rules took effect in August 2020. This applies to Form I-589, Application for Asylum and Withholding of Removal, and Form I-765, Application for Employment Authorization, pending with USCIS as of Feb. 8, 2022, or received on or after that date.
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