Federal Court Approves Settlement on Behalf of Nationwide Class of Asylum Applicants Previously Denied Employment Authorization

On September 26, 2024, a U.S. district court approved the settlement agreement in Garcia Perez v. USCIS, a nationwide class action regarding USCIS and EOIR policies preventing asylum seekers from obtaining authorization to work while their asylum claims are pending. The case challenged policies and practices related to the Asylum EAD Clock, which governs when people with pending asylum applications can apply for employment authorization documents.

Class counsel, National Immigration Litigation Alliance and Northwest Immigrant Rights Project, issued this PRACTICE ALERT with information about the class definition, benefits of the settlement agreement, and dispute resolution.

In addition, we will host a FREE WEBINAR on Wednesday, October 2 from 3-4pm Eastern, 2-3pm Central, 12-1pm Pacific that will provide information about benefits that Garcia-Perez class members will receive under settlement agreement, including who qualifies as a class member and how EOIR and USCIS now must provide individuals with notice of their Asylum EAD Clocks and an opportunity to challenge Asylum EAD Clock determinations. In addition, we will address how the settlement alters Asylum EAD Clock policies related to change of venue motions, cases following BIA or court of appeals remands, and unaccompanied children’s cases.

Register here for the webinar: https://zoom.us/webinar/register/WN_BMNZRn6UQce38LolVY26Bw

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