DHS Proposes Rule to Prioritize Americans' Safety by Strengthening Screening of Asylum Seekers

[Edward and Jaycel 2,502]

Changes to work permits would reduce meritless applications, processing times, and backlog

 

 

WASHINGTON – The Department of Homeland Security (DHS) is proposing a rule to reduce the incentive for aliens to file fraudulent asylum claims so they can obtain work authorizations.

 

“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,” said a DHS Spokesperson. “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.”

 

Applications for employment authorization based on a pending asylum application have reached a historic high, straining U.S. Citizenship and Immigration Services' (USCIS) resources. Nearly every illegal alien attempts to exploit the system by applying for asylum. USCIS currently has more than 1.4 million pending affirmative asylum claims, which is equal to the entire population of the state of New Hampshire.

 

This rule, if finalized, would reduce the incentive to file frivolous, fraudulent, or otherwise meritless asylum claims by changing filing and eligibility requirements for aliens requesting employment authorization based on a pending asylum application. The agency would focus more of its finite resources on reviewing pending asylum applications, including backlog cases and other pending applications and petitions, and allow our asylum system to prioritize those actually seeking refuge from danger.

 

The proposed rule supports President Trump’s Executive Order 14159, Protecting the American People Against Invasion.

For more information, please see the Notice of Proposed Rulemaking in the Federal Register. The 60-day public comment period starts following publication of the Notice.

DHS Proposes Rule to Prioritize Americans' Safety by Strengthening Screening of Asylum Seekers

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Link to the proposed rule:  https://public-inspection.federalregister.gov/2026-03595.pdf

[Crazy Cat 46,284]

"extending the waiting period to apply for employment authorization to 365 days"....My understanding is that, right now, an asylee can apply at 150 days, but an EAD cannot be approved until 180 days after filing for asylum.  

Edited 1 hour ago by Crazy Cat

[Edward and Jaycel 2,502]

2 minutes ago, Crazy Cat said:

"extending the waiting period to apply for employment authorization to 365 days"....Right now, an asylee can apply at 150 days, but an EAD cannot be approved until 180 days after filing for asylum.  

 

Another big provision:

Illegal entry - DHS proposes to exclude from (c)(8) EAD eligibility any alien who entered or attempted to enter the United States without inspection on or after the effective date of the final rule, unless the alien, without delay but no later than 48 hours after entry, expressed to an immigration officer an intention to apply for asylum or expressed to an immigration officer a fear of persecution or torture; or unless the alien establishes good cause for the illegal entry or attempted entry; or unless the alien meets the definition of, or at any time since their most recent entry was determined to be, a UAC as defined in 6 U.S.C. 279(g)(2).