The Trump administration is preparing a sweeping regulation that would bar most asylum-seekers from obtaining work permits—a major departure from decades of U.S. immigration policy. According to two officials from the Department of Homeland Security (DHS), the proposal, still under internal review, would indefinitely suspend the current process that allows migrants with pending asylum applications to work lawfully in the U.S., a move critics say could push thousands into poverty and illegal employment.
A Sharp Departure from Longstanding U.S. Policy
Since the 1990s, U.S. law has allowed asylum-seekers to request work permits if their claims remain undecided for at least 180 days. This policy ensured that individuals fleeing persecution could support themselves while their legal status was determined.
However, under the proposed regulation, new work permits would only be issued once U.S. Citizenship and Immigration Services (USCIS) can resolve asylum claims within a 180-day average—an exceedingly difficult benchmark given current caseloads. In addition, asylum applicants would need to wait a full year after filing their applications before even becoming eligible for work authorization, doubling the current wait time.
The Scope and Implications of the Proposed Rule by Trump administration
The proposal applies broadly, impacting both asylum-seekers whose cases are being handled by USCIS and those in deportation proceedings before immigration courts. The changes would not only halt the issuance of new permits but also affect renewals, potentially leaving current permit holders unable to continue working.
Among the most significant provisions: individuals who entered the U.S. unlawfully (not through official ports of entry) would be categorically ineligible for work permits. Additionally, those with certain criminal convictions—including for DUIs and domestic violence—would be barred from receiving authorization to work.
Trump Administrative Rationale: Curbing Economic Abuse of the System
Trump administration lOfficials argue the proposal is a necessary step to close what they describe as loopholes being exploited by economic migrants. President Trump’s team contends that many individuals claim asylum not out of fear of persecution but to gain the right to work in the U.S. legally while their cases drag on.
“The Biden administration left the asylum system wide open to fraud and abuse,” DHS said in a statement to CBS News. “We are exploring all possible options to restore integrity to the process and protect national security.” The move also builds on previous Trump-era rules, including a 2020 regulation that increased the wait time for work permits and limited eligibility further.
Backlogs and Bureaucracy: A System Under Strain
Government data underscores the logistical hurdles in implementing the proposed standard. A 2024 federal watchdog report found that over 77% of asylum applications before USCIS had been pending for more than 180 days. Nearly 40% were still unresolved after two years.
Currently, USCIS is handling approximately 1.5 million asylum cases, while immigration courts are reviewing another 2 million. Achieving a 180-day processing average across such a massive backlog appears highly improbable in the short term, raising questions about the feasibility and fairness of the policy.
Public Outcry and Legal Pushback
The proposal has triggered immediate backlash from immigration advocates and state officials. Critics warn that preventing asylum-seekers from working lawfully could force them into exploitative labor conditions or lead to homelessness and food insecurity.
“Asylum seekers are already filling crucial roles in our economy,” said Conchita Cruz, co-executive director of the Asylum Seeker Advocacy Project. “Cutting off their ability to support themselves helps no one—not our communities, not our employers, and certainly not those fleeing persecution.” Attorneys general from states including California and New Jersey have voiced opposition and may initiate legal challenges to block the rule.
What Comes Next: Rulemaking and Review
The proposed regulation has yet to be formally finalized. It must first be published in the Federal Register, after which it will undergo a 30-day public comment period. USCIS will then review the feedback before deciding whether to implement the rule in its current form or make adjustments.
This initiative forms part of President Trump’s broader strategy to deter unauthorized migration and reshape the U.S. immigration landscape. Since returning to the White House in January, Trump has reasserted executive authority to curtail asylum processing at the southern border, reinforcing his administration’s message that America is no longer a haven for what he calls “fraudulent” asylum claims.
Broader Impacts on U.S. Immigration and Labor
If enacted, the policy could reshape not just immigration enforcement but also the low-wage labor market. Asylum-seekers often fill essential jobs in healthcare, hospitality, and construction—sectors already grappling with labor shortages.
Experts warn that by cutting off legal work pathways, the regulation could inadvertently expand the shadow economy, where wages are lower, working conditions are poorer, and labor rights are routinely ignored. “This is not immigration reform,” one immigration attorney said. “This is economic sabotage disguised as border security.”
The final rule, once decided, could usher in a new era for asylum policy—one where legal refuge in America may no longer mean the ability to work, survive, or thrive.
