In the Trump (R) Administration's Latest effort to Curtail Legal Immigration, a Proposal released Friday, would Prevent Asylum Seekers from Working Legally in the U.S. The Draft Regulation from the Department of Homeland Security (DHS) would Halt the Acceptance of Work Permit Applications and Renewals, when Average Processing Times at U.S. Citizenship and Immigration Services (USCIS) exceed 180 Days.
The Regulation also would Extend the Time Asylum Seekers must Wait, before becoming Eligible to Apply for a Work Permit, Lengthening the Period from 150 Fays to 365 Days. The Proposal says Homeland Security Expects that New Work Permit Applications for Asylum Seekers “would be paused for an extended period, possibly many years.”
Although Trump has often Touted His Crackdown to Curb Illegal Immigration, the Aadministration has Worked to Restrict Legal Immigration as well. Immigrant Advocates say the Proposed Policy is a Continuation of those Efforts, though the DHS Framed it Differently. In a Statement, the Department said that the Proposal is Aimed at Reducing the Incentive for Immigrants to File Fraudulent Asylum Claims, for the Purpose of getting Work Authorization. More than 1.4 million Asylum Claims are Pending with USCIS. By Reducing the Number of Work Permit Applications, the Statement added, the Agency could instead Focus on Reviewing Pending Asylum Claims to Rreduce the Backlog.
“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,” the Statement said. “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.”
Conchita Cruz, Co-Executive Director of the Asylum Seeker Advocacy Project, said the Regulation would be Catastrophic for Asylum Seekers, their Families, and U.S. Communities. In One Case She mentioned, a Kenyan Man has been Waiting for a Decision by USCIS on His Aasylum Application for nearly a Decade. He Built a Trucking Business to Support Himself during his Time in the U.S.
“Forcing individuals who are working and living in the United States legally out of their jobs is not only cruel, but it is bad policy,” She said. “If this regulation goes into effect, it will hurt U.S. families, businesses, and the U.S. economy.” The Proposed Regulation Change, which is likely to Face Legal Challenges, comes amid Sweeping Efforts by the Trump Administration to End Humanitarian Benefits and Restrict Legal Immigration.
For example, the DHS has sought to Terminate Temporary Protected Status (TPS) Benefits that provided Work Permits and Deportation Protection to Hundreds-of-Thousands of Immigrants. And in a Memo released this week, the Agency Instructed Immigration Officers to Detain Refugees who Arrived Legally, but have Not yet Filed Applications for Lawful Permanent Residence, a Year after Arriving in the U.S.
The Administration has also Paused Decisions on All Asylum Applications Filed with USCIS since 12/2025. Under the First Trump Administration, Agency Officials in 2020 Similarly Proposed Increasing theEemployment Eligibility Waiting Period to One year. In the New Proposal, DHAS Estimates that it could take between 14 and 173 years to Resume Processing Work Permit Applications, though the Agency said Other Factors could Shorten-the-Timeline.
The Regulation would Bar many Asylum Applicants from work permit Eligibility, from those who Apply more than a Year after Arriving in the U.S. It also would Bar Applicants who Entered the U.S. Illegally, from Receiving Eork Permits, except for those who Notified Border Authorities within 48 hours of Entering, that they did so because they Feared Persecution at Home.
After its Publication in the Federal Register, the Proposal faces a 60-day Public Comment Period, before it can be Finalized.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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