Class Action Litigation Concerning USCIS Procedure for Issuing Work Permits to Asylum Applicants Brought to a Close


On November 4, 2013, the United States District Court for the Western District of Washington granted final approval of the revised ABT Settlement Agreement, bringing to a close class action litigation that began in December 2011.  The lawsuit, originally called A.B.T. v. U.S. Citizenship and Immigration Services, challenged the practices of the Executive Office for Immigration Review (EOIR) and the U.S. Citizenship and Immigration Services (USCIS) with respect to Employment Authorization Documents (EADs) for asylum applicants.  The settlement agreement provides that certain individuals who intend to file an asylum application, or who have already filed an asylum application, are entitled to have their eligibility for employment authorization determined using new procedures. 

The agreement was revised in September 2013 to clarify two points:

  1. Following the remand of an asylum case to an immigration judge, for employment eligibility purposes the asylum applicant will be credited with time going forward, excluding delays requested or caused by the applicant.
  2. Remand Claim relief would be implemented under the six-month timeframe provided for most other provisions of the agreement.

Due to the government shutdown, the six-month timeframe was extended by several weeks, such that implementation has begun effective December 3, 2013.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Buchanan Ingersoll & Rooney PC | Attorney Advertising

Written by:


Buchanan Ingersoll & Rooney PC on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.