The Department of Homeland Security on Friday unveiled a proposed rule that would pause the processing of employment authorization documents for new asylum applicants until the agency achieves specified processing time targets.
Under the proposal, DHS would stop issuing work permits for all new asylum applicants until the average processing time for certain asylum cases falls to 180 days or less. The department said the measure is aimed at reducing incentives to file asylum claims primarily to obtain legal work authorization and at lowering the agency's processing workload so security checks can be increased.
Agency estimates included in the proposal indicate that, based on current waiting times, reaching that 180-day threshold could take between 14 to 173 years. DHS noted, however, that other factors could shorten that projected timeline.
The rule would also revise eligibility standards for asylum-based work permits. In the text of the proposal, DHS frames a work permit as discretionary, arguing that a work permit "is not an entitlement" and may be issued at the discretion of the DHS secretary.
One of the more consequential provisions would generally bar migrants who entered the United States illegally from receiving new work permits or renewing existing ones. The regulation would carve out limited exceptions, including for individuals who notified U.S. border authorities within 48 hours that they feared persecution or torture, or who had another urgent reason for crossing illegally.
Officials characterized the change as part of a broader push by the administration to reduce both legal and illegal immigration. The administration, returned to office in 2025, advanced a campaign message portraying immigrants and asylum seekers as criminals and economic burdens on communities, a depiction the proposal repeats despite contrary evidence referenced in the public record.
Immigrant advocacy groups and some Democratic lawmakers criticized the proposed rule, arguing it undermines existing U.S. and international legal obligations toward asylum seekers. DHS acknowledged the proposal will likely face legal challenges but defended the measure as necessary to manage caseloads and strengthen vetting.
The rule would represent one of the most significant changes to asylum-related work authorization in decades if finalized. The department's projected timeline for resuming routine processing underscores the potential for a prolonged suspension of work permits under current conditions, even as the agency left open the possibility that circumstances could shorten the estimated interval.