| New Proposed DHS Rule Effectively Ends Work Authorization for Asylum Applicants |
| (22 Apr 2026)
On February 23, 2026, the Department of Homeland Security (DHS) proposed a new rule
that would, in effect, eliminate work permits ("employment authorization") for most
asylum applicants in the United States. The new rule ties eligibility for work permits to a
statutory 180-day asylum application processing time, a threshold that USCIS cannot meet
under current resource constraints and is unlikely to meet for many years. If implemented,
the rule would prevent asylum applicants from applying for work permits and lawfully
working while their applications are pending, severely limiting their ability to support
themselves and stabilize their lives while awaiting adjudication of their claims.
According to the proposed rule, approximately 1,525,933 asylum applications were pending before the USCIS as of the end of FY2025. The USCIS does not publish processing times for affirmative asylum applications. However, the proposed rule indicates that average processing time for affirmative asylum applications was 22.8 months in FY 2024, a figure that far exceeds the statutory 180-day benchmark. Until the average processing time drops dramatically, asylum applicants in the backlog or who file in the future will not be able to even apply for a work permit while their application is pending. With over 400,000 affirmative asylum applications filed each year in fiscal years 2023 through 2025, and a current USCIS capacity to complete only between 20,000 to 40,000 asylum applications a year, achieving a 180-day processing time will be all but impossible with current resources. Not only would the proposed rule affect noncitizens with affirmative asylum claims before USCIS, but the bar would also apply to approximately 2.3 million noncitizens with defensive asylum applications pending before the Immigration Court at the Executive Office for Immigration Review (EOIR). Until USCIS processing times are dramatically reduced, these individuals would likewise remain barred from applying for a work permit. The proposed rule rests on the premise that many asylum applications are frivolous, fraudulent, or meritless. This conclusion is not supported by even the limited data provided in the rule itself. The fact is that currently, in the vast majority of cases decided on their merits, over 80 percent of affirmative asylum applications were granted. Yet the rule applies to all asylum applicants. In addition, many of the statistics the proposed rule cite conflict with published figures on the USCIS website. Thus, these data integrity issues further undermine many of the conclusions the proposed rule reached. The full report discusses other provisions in the proposed lengthy set of new regulatory rules and their implications. It also provides compiled time series figures in its appendix tables on affirmative asylum filings, processing, and outcomes. The public is invited to file comments on the proposed rule through this Friday, April 24, 2026. |
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