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Center for Immigrants’ Rights co-authors report critical of 'asylum clock'


As part of its mission to promote a modernized immigration system through representation of immigrant advocacy organizations, students from Penn State Law's Center for Immigrants' Rights collaborated with the American Immigration Council's Legal Action Center to co-author a new study, Up Against the Clock: Fixing the Broken Employment Authorization Asylum Clock.

Written by Penn State Law students David G. Rodríguez and Jesús E. Saucedo under the supervision of the Center’s director, Shoba Sivaprasad Wadhia, the report examines the laws, policy, and practice of the "Employment Authorization Document (EAD) asylum clock"- a clock which measures the number of days after an applicant files an asylum application before the applicant is eligible for work authorization. 

"Preparing Up Against the Clock for the American Immigration Council was one of the most challenging and rewarding working experiences I have ever had," said Penn State Law student David Rodríguez, one of the co-authors of the report.

The study examines problems identified by immigration practitioners and advocates including, but not limited to, a lack of transparency in the government's management of the EAD asylum clock; a lack of clarity and comprehensiveness of the government's policy; and a misinterpretation of the regulations. The report recommends that the government develop a new policy that properly interprets the statute and regulations governing the EAD asylum clock. The new approach to the asylum clock and specific recommendations contained in the report are designed to resolve perennial asylum clock problems.

"We are thrilled to have collaborated with the American Immigration Council on this important topic. Up Against the Clock provides the government with practical solutions for fixing the asylum clock and ensuring that genuine asylum seekers have the ability to earn a livelihood while their applications are pending," said Shoba Sivaprasad Wadhia, clinical professor and director of Penn State Law's Center for Immigrants' Rights.

To read the report in its entirety see:

Up Against the Clock: Fixing the Broken Employment Authorization Asylum Clock 

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