The Trump administration plans to prevent asylum seekers in the U.S. from gaining work permits for at least a year, citing a backlog which could take decades to clear.
In a Federal Register filing Friday, U.S. Citizenship and Immigration Services (USCIS) said it would effectively bar asylum applicants from gaining Employment Authorization Documents (EADs) for a year after they apply for the status, extend the timeframe agents have to decide on a case, and allow the agency to pause all applications if the backlog is too great.
The changes could affect upwards of 500,000 immigrants each year, with USCIS saying it could mean they lose out on billions of dollars in earnings.
“If employers are able to hire American workers to fill the jobs the asylum applicants would otherwise hold, the change in earnings to such aliens would constitute beneficial wage and benefit transfers to American workers and would potentially pose no productivity loss or costs to employers," the filing read.
Why It Matters
The proposal continues the Trump administration's efforts to reshape the country's immigration system, often citing national security and fraud concerns as reasons for doing so. Leaving thousands of immigrants without work authorization could leave them without an income, or lead to more working illegally in order to survive. The Department of Homeland Security (DHS) acknowledged in its filing that asylum seekers may face homelessness, hunger or pressure to return to dangerous conditions as a result of its plan.
What To Know
Asylum seekers would have to wait one full year after filing a complete asylum application before they are allowed to apply for a work permit. Today, they can apply after 150 days and may receive an EAD at 180. The new rule more than doubles that waiting period.
USCIS currently must process initial asylum‑based work permit applications within 30 days, but under the proposal, the agency would have 180 days—six months—to make a decision instead.
Every initial and renewal applicant would now have to complete biometrics or face automatic denial. DHS argues this is needed to verify identities, detect criminal history and prevent fraud.
If USCIS’ average processing time for affirmative asylum cases exceeds 180 days over a 90‑day period, the agency must pause acceptance of all initial work‑permit applications from asylum seekers, the filing said. DHS openly states the required pause could last 14 to 173 years, depending on future filing levels.
During any pause, new asylum seekers—whether in affirmative or defensive proceedings—would not be allowed to apply for work authorization.
The proposal would deny work authorization to asylum seekers who:
- Entered the U.S. unlawfully and did not express asylum intent within 48 hours.
- Filed their asylum application more than one year after arrival without an accepted exception.
- Have certain criminal histories or “derogatory information,” even absent convictions.
DHS estimates that at least 96,000 people per year would be newly barred from work eligibility under the expanded restrictions, but it also says that between 266,386 and 937,824 asylum‑based EAD applicants per year would be affected by the new wait times, pause mechanism, biometrics requirements and eligibility rules in total.
What People Are Saying
Conchita Cruz, co-executive director of the Asylum Seeker Advocacy Project (ASAP), told Newsweek: “This proposal would harm asylum seekers already living and working legally in the United States, many of whom have spent years contributing to their local communities.
"Policies that force immigrants out of the workforce don’t just affect the individuals losing their jobs — they risk destabilizing families, businesses, and communities that rely on immigrant workers' contributions. That’s why it’s so important that the public speak out, comment on this proposal and explain just how devastating it would be if allowed to take effect.”
A DHS spokesperson, in a press release: “For too long, a fraudulent asylum claim has been an easy path to working in the United States, overwhelming our immigration system with meritless applications. We are proposing an overhaul of the asylum system to enforce the rules and reduce the backlog we inherited from the prior administration. Aliens are not entitled to work while we process their asylum applications. The Trump administration is strengthening the vetting of asylum applicants and restoring integrity to the asylum and work authorization processes.”
What Happens Next
The proposal is open for public comment for 60 days after publication in the Federal Register. Legal challenges are almost certain, given reactions to other immigration policy changes.
If finalized, the rule would apply to all initial EAD applications filed on or after its effective date. Renewal applicants would also face the new biometrics and eligibility checks, although they would not be blocked by the pause mechanism.
Update 2/20/26, 2 p.m. ET: This article was updated with additional information.
Update 2/20/26, 3:37 p.m. ET: This article was updated with comment from Cruz.
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