Regulating Survival: The Legal Implications of Employment Authorization Delays for Asylum Seekers under U.S. Immigration Law

Abstract

The ability to work, especially for the people who flee persecution and seek refuge in another jurisdiction, is lifeline rather than a convenience. Being able to access lawful employment can also be the differentiating factor between self-sufficiency and destitution. As, under the immigration laws of the United States, asylum seekers have to experience significant delays even before they entitled to obtain Employment Authorization Documents (EADs). Whereas, in the interim they are prohibited from legal employment. Such delays in authorization, which now regulate the survival of asylum applicants, now have become an area of concern for the policymakers, courts, and advocates. This paper intends to provide a comprehensive analysis of the legal implications of such delays and the interconnected challenges which are created for the asylum seekers under the U.S. law.