Washington — A proposed regulation from the Trump administration released Friday could effectively pause the processing of work permits for asylum seekers in the United States, potentially for years. The move, announced by U.S. Citizenship and Immigration Services (USCIS), comes as part of a broader effort to restrict access to humanitarian benefits and legal immigration pathways. The proposal hinges on agency processing times, and advocates warn it will inflict significant hardship on individuals and communities.
The draft regulation, published on the Federal Register, would halt the acceptance of new work permit applications when average USCIS processing times exceed 180 days. It also extends the waiting period before asylum seekers are eligible to even apply for a work permit, increasing it from 150 days to 365 days. USCIS anticipates that this change “would be paused for an extended period, possibly many years,” according to the proposal itself. The full text of the regulation is available for review.
Immigrant advocates are sharply critical of the proposed rule. Conchita Cruz, co-executive director of the Asylum Seeker Advocacy Project, described the regulation as “catastrophic” for asylum seekers, their families, and the U.S. Economy. “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,” Cruz said. “If this regulation goes into effect, it will hurt U.S. Families, businesses and the U.S. Economy.”
A History of Restrictions on Asylum Seekers’ Work Authorization
This isn’t the first time the Trump administration has sought to limit work authorization for asylum seekers. In 2020, agency officials proposed a similar increase to the employment eligibility waiting period, lengthening it to one year. That proposal did not come to fruition, but the current effort signals a renewed push to restrict access to employment for those seeking refuge in the U.S. The current proposal builds on a pattern of policy changes aimed at curtailing immigration, including efforts to terminate the Temporary Protected Status (TPS) program, which provides work permits and deportation protection to hundreds of thousands of immigrants.
The administration’s broader strategy extends beyond work permits. A recently released memo from Homeland Security revealed that agents are now authorized to detain refugees who have not filed applications for lawful permanent residence within their first year in the U.S. Details of the memo are available from Refugee Rights. This move raises concerns about due process and the potential for prolonged detention.
What the Proposed Rule Means for Asylum Seekers
The proposed regulation directly impacts asylum seekers who are legally residing in the U.S. While their claims are processed. Currently, asylum seekers can apply for work authorization after waiting 150 days. This allows them to contribute to the economy, support their families, and maintain self-sufficiency while navigating the often lengthy asylum process. The extension to 365 days, coupled with the potential pause in processing new applications when USCIS processing times exceed 180 days, creates a significant barrier to economic stability.
The timing of the proposed rule is particularly concerning given existing backlogs in the asylum system. USCIS processing times have been significantly impacted by a surge in asylum applications in recent years, as well as staffing and resource constraints. The agency’s own data shows that average processing times for work permits already exceed the 180-day threshold in many cases, meaning the proposed rule could trigger an immediate halt to new applications.
Impact on the U.S. Economy
Beyond the individual hardship, critics argue the regulation will have negative consequences for the U.S. Economy. Asylum seekers contribute to the labor force, filling critical roles in various industries. Restricting their ability to work could exacerbate labor shortages and hinder economic growth. Cruz emphasized that the policy would “hurt U.S. Families, businesses and the U.S. Economy.”
Next Steps and Public Comment
The proposed regulation is currently open for public comment. Individuals and organizations can submit their feedback to USCIS through the Federal Register website. The comment period will remain open until [date to be determined – not specified in source]. USCIS will then review the comments and decide whether to finalize the rule. The agency is not obligated to incorporate public feedback, but it is required to consider it before making a final decision.
The future of work authorization for asylum seekers remains uncertain. The proposed regulation is likely to face legal challenges, and its implementation could be delayed or blocked by the courts. But, the move underscores the Trump administration’s commitment to restricting immigration and limiting access to humanitarian benefits. The public comment period represents a critical opportunity for stakeholders to voice their concerns and advocate for policies that support asylum seekers and promote economic opportunity.
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