Garcia-Perez v. USCIS FINAL Settlement: Practice Alert and Webinar Information Regarding New EOIR and USCIS Polices Regarding the Asylum EAD Clock

NILA, Sept. 26, 2024

"Today, a U.S. district court approved the settlement agreement in Garcia Perez v. USCIS, a nationwide class action regarding USCIS and EOIR policies preventing asylum seekers from obtaining authorization to work while their asylum claims are pending. The case challenged policies and practices related to the Asylum EAD Clock, which governs when people with pending asylum applications can apply for employment authorization documents.  Class counsel, Northwest Immigrant Rights Project and National Immigration Litigation Alliance, have issued this PRACTICE ALERT with information about the class definition, benefits of the settlement agreement, and dispute resolution.  In addition, class counsel will host a FREE WEBINAR on Wednesday, October 2 from 3-4pm Eastern, 2-3pm Central, 12-1 Pacific. The webinar will provide information about benefits that Garcia-Perez class members will receive under settlement agreement, including who qualifies as a class member and how EOIR and USCIS now must provide individuals with notice of their Asylum EAD Clocks and an opportunity to challenge Asylum EAD Clock determinations. In addition, we will address how the settlement alters Asylum EAD Clock policies related to change of venue motions, cases following BIA or court of appeals remands, and unaccompanied children’s cases.  Register here for the webinar: https://zoom.us/webinar/register/WN_BMNZRn6UQce38LolVY26Bw"