Oasis Client Sues Dept. of Homeland Security Over Work Permit Delays

On November 11, 2021, Oasis’ client, Jack*, became a named plaintiff in a lawsuit filed against the Department of Homeland Security (DHS), due to extensive delays with the renewal of his work authorization, which caused him to lose his employment, driver’s license, and likely his health insurance.

By regulation, U.S. Citizenship and Immigration Services (USCIS) must adjudicate employment authorization document renewal applications for asylum applicants within 180 days. Yet, USCIS regularly fails to do so, leaving asylum seekers and their families in a precarious position: at risk of losing their jobs, related benefits, and in some states, their driver’s licenses.

This nationwide class action lawsuit challenges USCIS’ failure to renew work authorizations for asylum seekers in the United States in a timely manner and seeks to compel USCIS to take the necessary steps to address these delays.

Jack suffered persecution in his home country because he is gay and living with HIV, and filed for asylum in 2016. Due to immigration backlogs, his asylum case has not been granted yet. In 2017, he received temporary work authorization to support himself while his asylum application is pending and was hired by Apple, Inc.

Jack said that this job brought meaning to his life.

In March of 2021, Jack renewed his work authorization following instructions by USCIS, and received an automatic 180-day extension. This extension ended on October 18th and his work authorization has still not been renewed. Because of this delay, Jack lost his employment and will soon lose his employer-sponsored health-care coverage.

Jack has now been waiting almost seven months for USCIS to renew his work permit and is struggling to regain the physical and emotional stability his life had when he was employed.

Without health insurance, he worries about how he will pay for his HIV medications. Jack does not know how he can take care of his partner, who is retired and disabled, as he is his primary caregiver.

We launched our Social Services Program in February 2021 to holistically support our clients in need of resources outside of immigration legal aid. Without this support, Jack might have found himself in an even more dire situation, without access to or knowledge about health insurance and medical care. However, even with this support, Jack does not know how he will get to medical appointments or secure necessities such as groceries and prescriptions. His driver’s license, which was tied to his work authorization, has also expired.

Jack has constant anxiety thinking about how he and his partner are going to survive. He worries about his physical health and the health of his partner, and the fact that their situations might worsen without health insurance. 

Jack’s legal representatives in the case, the American Immigration Council, the Asylum Seeker Advocacy Project and Lakin Wille, LLP, are seeking a nationwide injunction to require USCIS to adjudicate the thousands of work permits currently pending past 180 days to ensure that no more asylum seekers lose their jobs and ability to survive. 

*Name changed to protect client’s identity