DHS Proposes Rule Effectively Denying Asylum Seekers the Right to Work
NEWS & RESEARCH
The Department of Homeland Security (DHS) issued a proposed rule on February 23, 2026, to significantly restrict work authorization for asylum seekers. The rule would double the mandatory wait time to 365 days and grant asylum officers new discretionary authority to deny permits based on factors like illegal entry. Most controversially, the rule would halt the processing of new work authorizations whenever affirmative asylum backlogs exceed 180 days—a threshold that, given current backlogs of 1.4 million claims, could effectively bar new applicants from legal work for decades or even a lifetime. While the government argues these measures will deter meritless claims and reduce fraud, critics warn of devastating economic consequences, including tens of billions in lost annual compensation and increased pressure on social services as asylum seekers are stripped of their ability to be self-sufficient.
SOURCES: Federal Register | National Immigration Forum
ANALYSIS & OPINION
DHS’s proposed "Employment Authorization Reform for Asylum Applicants" would effectively eliminate the right to work for those seeking safety in the United States. The rule introduces draconian barriers, such as doubling wait times to one year, allowing for discretionary denials, and creating an indefinite pause on new applications that could last decades. By stripping asylum seekers of legal livelihoods, the rule threatens to cause widespread homelessness and exploitation while violating international refugee protocols and constitutional due process. Moreover, stripping legal work authorization will push vulnerable individuals into the "underground economy," thereby increasing labor violations such as wage theft and depressing labor standards and wages for all U.S. workers.
SOURCES: Human Rights Watch | Economic Policy Institute
HOW TO FIX IT
The proposed rule should be withdrawn (comments on the proposed rule making were due by April 24, 2026).
If adopted, legal action should be taken to block the implementation of the rule for being in violation of US and international law.
