S255-118

1. Short title This Act may be cited as the Asylum Seeker Work Authorization Act of 2023.

2. Employment authorization for aliens seeking asylum Section 208(d)(2) of the Immigration and Nationality Act (8 U.S.C. 1158(d)(2)) is amended to read as follows: Except as provided in subparagraph (B)— an applicant for asylum is not entitled to employment authorization, but such authorization may be provided under regulation by the Secretary of Homeland Security; and an applicant who is not otherwise eligible for employment authorization shall not be granted such authorization before the date that is 180 days after the date on which the applicant files an application for asylum. The Secretary of Homeland Security shall authorize employment for an applicant for asylum— who— has been continuously physically present in the United States since the date of the enactment of the Asylum Seeker Work Authorization Act of 2023; or entered the United States at a designated port of entry (as such term is used in section 411(e)(3)(A) of the Homeland Security Act of 2002 (6 U.S.C. 211(e)(3)(A))); who is not in detention; whose application for asylum has not been determined frivolous; and with respect to whom the procedures required under paragraph (5)(A)(i) have been completed. The Secretary may not grant employment authorization under this subparagraph to an applicant for asylum who is not otherwise eligible for employment authorization before the date that is 30 days after the date on which the applicant filed an application for asylum. Employment authorization under this paragraph— shall be for an initial period of 2 years; and shall be renewable for additional 2-year periods while the applicant’s asylum claim is being adjudicated, including while the claim is under administrative or judicial review. (2)Employment authorization(A)Employment eligibilityExcept as provided in subparagraph (B)—(i)an applicant for asylum is not entitled to employment authorization, but such authorization may be provided under regulation by the Secretary of Homeland Security; and(ii)an applicant who is not otherwise eligible for employment authorization shall not be granted such authorization before the date that is 180 days after the date on which the applicant files an application for asylum.(B)Expedited employment eligibility(i)In generalThe Secretary of Homeland Security shall authorize employment for an applicant for asylum—(I)who—(aa)has been continuously physically present in the United States since the date of the enactment of the Asylum Seeker Work Authorization Act of 2023; or(bb)entered the United States at a designated port of entry (as such term is used in section 411(e)(3)(A) of the Homeland Security Act of 2002 (6 U.S.C. 211(e)(3)(A)));(II)who is not in detention;(III)whose application for asylum has not been determined frivolous; and(IV)with respect to whom the procedures required under paragraph (5)(A)(i) have been completed.(ii)ApplicationThe Secretary may not grant employment authorization under this subparagraph to an applicant for asylum who is not otherwise eligible for employment authorization before the date that is 30 days after the date on which the applicant filed an application for asylum.(C)TermEmployment authorization under this paragraph—(i)shall be for an initial period of 2 years; and(ii)shall be renewable for additional 2-year periods while the applicant’s asylum claim is being adjudicated, including while the claim is under administrative or judicial review..