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DHS Proposes Rule Freezing Asylum Work Permits When Processing Times Exceed 180 Days

The draft conditions new work authorization on faster asylum decisions, a threshold DHS says could take years to meet given a backlog exceeding 1.4 million cases.

Overview

  • USCIS would stop accepting new employment authorization applications from asylum applicants whenever average case decisions take longer than six months, creating an immediate freeze under current delays.
  • The plan lengthens eligibility to one year after filing and generally bars those who entered unlawfully unless they notify authorities within 48 hours that they fear persecution or torture.
  • DHS says the overhaul aims to curb fraud and reduce incentives for migrants to file asylum claims primarily to obtain jobs while cases remain pending.
  • Agency estimates indicate it could take 14 to 173 years to reach the required pace under present conditions, meaning new permits could be paused for many years.
  • The measure is a proposed regulation in the public comment phase and not yet in effect, and advocacy groups condemned it as harmful to asylum seekers, families, communities and employers.