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Over the past several months, the news has been flooded with stories of nonimmigrants being detained, even when they have a pending immigration process. Immigration and Customs Enforcement (ICE) now detain approximately 65,000 nonimmigrants daily, which is more than at any other time in history.
For those seeking asylum in the United States, having valid work authorization and no criminal history does not protect you from detention. Many nonimmigrants with valid employment authorization documents have already been detained this year as part of the Trump administration’s expanded immigration enforcement efforts.
Who Can Apply for Work Authorization?
United States Citizenship and Immigration Services grants employment authorization documents to a broad range of nonimmigrants who have applications in process. This allows nonimmigrants with pending cases to seek employment so that they will be able to support themselves until United States Citizenship and Immigration Services (USCIS) decides on their applications.
Some examples of nonimmigrant groups that would qualify for work authorization while their applications are pending include the following:
- Asylum-seekers
- Applicants for adjustment of status,
- Temporary Protective Status holders
- Those with cancellation of withholding of removal cases
- VAWA and humanitarian relief applicants
Can Asylum-Seekers and Other Nonimmigrants With Work Authorization Be Detained?
If you are an asylum-seeker or another nonimmigrant with valid work authorization, ICE may still randomly detain you during one of their increasingly common raids or even while attending an interview. Having work authorization does not protect you from detainment or removal proceedings. You remain at risk of being detained as long as you do hold legal status in the United States.
What Happens if You’re Detained?
Your options after being detained will depend on how you entered the United States. If you entered with a U.S. visa and filed an application or petition in a timely manner, you may have the opportunity to apply for a bond. If the bond is granted, you can be released to fight your asylum or other case on the non-detained docket. However, if you entered through the border, then the process may be considerably more complicated. You will likely be subject to detention due to recent changes in law interpretations and enforcement rules. For example, immigration judges no longer have jurisdiction to issue bonds for nonimmigrants who enter the United States through the border.
Overall, bear in mind that if you encounter ICE, you may still be detained even if you have a pending asylum or other immigration process, a valid work authorization, and a clean criminal record.
If you are concerned about being detained even though you possess valid employment authorization, or if you have questions regarding another immigration matter, contact U.S. Immigration Law Counsel for a strategy session to discuss your case.
