Asylum and Its Discontents in the United States
If you’re reading this blog, and presumably you are, you probably already know about the “Asylum Clock.” The basic story is this: When a person files for asylum (with the Asylum Office or the Immigration Court), the Clock starts to count time. Once the Clock reaches 180 days, the asylum applicant is eligible for an … Read more
The New York Times recently reported on a new policy at the Department of Homeland Security (“DHS”) and the Executive Office for Immigration Review (“EOIR”) designed to prioritize the removal of criminal aliens. Under the policy, DHS will review cases and terminate proceedings for aliens deemed a low priority for removal. At the same time, … Read more
Nobody makes simple things complex better than the government. The new 16-page, single-spaced memorandum on the Asylum Clock is a perfect example. As far as I can tell, there are no major changes to how the Clock works, but there is some new “guidance.” I should say at the outset that I think the Asylum … Read more
The Asylum Clock has been the bane of asylum seekers and their lawyers since it was created in 1994 (and codified into law in 1996). It requires an asylum applicant to wait 150 days before applying for an employment authorization documents (“EAD”), but the clock “stops” if the applicant causes a delay in her case. … Read more