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Supreme Court Rules Asylum Seekers Cannot Seek Federal Court Review of Expedited Removal Orders

A citizen of Sri Lanka attempted to enter the US illegally. He was apprehended just 25 yards from the border, and put in an expedited removal process. He did not show “credible fear” of persecution to avoid expedited removal. He invoked the writ of habeas corpus to obtain additional review of his asylum claim and ultimately to obtain authorization to stay in the US. Habeas has traditionally been a means to secure release from unlawful detention.

The US Supreme Court ruled that neither the Suspension Clause nor the Due Process Clause of the Fifth Amendment requires any further review of his claims, and IIRIRA’s limitations on habeas review are constitutional as applied.

Please note that this article does not constitute a legal advice.  We simplified the law in order to outline the latest US Supreme Court decision and its application to review or expedited removal orders.  If you would like to discuss if you may qualify for asylum, call our experienced immigration attorney at 480-425-2009 or contact an experienced immigration attorney via our website to schedule a consultation.

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Changes in employment authorization for asylum seekers

On August 25, 2020, new changes to the regulations governing asylum seekers and their eligibility for employment authorization will become effective. New regulations extend the wait time before the asylum seeker can apply for employment authorization from 150 days to 365 days. Asylum seekers who have failed to file for asylum within one year of their last entry won’t be eligible to apply until exception to the one-year requirement is approved.

The regulations prevent asylum seeker who, absent good cause, illegally entered the United States from obtaining employment authorization. In addition, regulations define new bars and denials for employment authorization, such as for certain criminal behavior; limit the employment authorization validity period to a maximum of two years; and automatically terminates employment authorization when an applicant’s asylum denial is final.

Please note that this article does not constitute a legal advice.  We simplified the law in order to outline the latest changes to employment authorization process for asylum seekers.  If you would like to discuss if you may qualify for asylum and associated work authorization, call our experienced immigration attorney at 480-425-2009 or contact an experienced immigration attorney via our website to schedule a consultation.