DHS Final Rule Implementing AsylumWorks Vacatur

DHS final rule implementing the district court’s vacatur in AsylumWorks v. Mayorkas of the Trump administration’s “Timeline Repeal” rule (85 FR 37502, 6/22/20) and “Broader Asylum EAD” rule (85 FR 38532, 6/26/20). This final rule implements the vacatur by removing certain regulatory text governing asylum applications, interviews, and eligibility for employment authorization and an employment authorization document based on a pending asylum application. It also reinserts various regulatory provisions as they appeared prior to the effective dates of the two final rules issued in June 2020. The effective date of the rule is 2/7/22, which was the date of the court’s vacatur. (87 FR 57795, 9/22/22)

DEPARTMENT OF HOMELAND SECURITY

8 CFR Parts 208 and 274a

[CIS No. 2722–22; DHS Docket No. USCIS– 2022–0008]

RIN 1615–AC66

Asylum Application, and Employment Authorization for Applicants; Implementation of Vacatur

AGENCY: U.S. Citizenship and Immigration Services, Department of Homeland Security (DHS).

ACTION: Final rule

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Cite as AILA Doc. No. 22092100.

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