[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 255 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                 S. 255

To authorize certain aliens seeking asylum to be employed in the United 
         States while their applications are being adjudicated.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 2, 2023

  Ms. Collins (for herself, Ms. Sinema, and Mr. King) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
To authorize certain aliens seeking asylum to be employed in the United 
         States while their applications are being adjudicated.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Asylum Seeker Work Authorization Act 
of 2023''.

SEC. 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:
            ``(2) Employment authorization.--
                    ``(A) Employment eligibility.--Except 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 general.--The 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) Application.--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.
                    ``(C) Term.--Employment 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.''.
                                 <all>