As part of a sweeping escalation of its anti-immigration agenda, the Trump administration is reportedly crafting a regulation that would severely restrict — and in most cases eliminate — the ability of asylum seekers to obtain lawful work permits while their claims are pending. If finalized, this rule would dismantle decades of established immigration policy and leave hundreds of thousands of vulnerable individuals unable to legally support themselves or their families.
According to an exclusive report by CBS News, officials at U.S. Citizenship and Immigration Services (USCIS) have proposed suspending the issuance of work permits to most asylum seekers unless the agency can reduce the average case processing time to under 180 days. This proposal would amount to an indefinite moratorium, as more than 77% of asylum applications currently remain unresolved beyond that threshold due to longstanding case backlogs.
Even if that benchmark were somehow met, the regulation would still increase the mandatory wait time from six months to one full year before a work permit could be issued.
A War on Asylum in All But Name
This move comes on the heels of the Trump administration's January 2025 order that nearly shut down the asylum system altogether, giving border agents vast authority to summarily deport individuals based on an “invasion” narrative that immigration advocates widely reject as both unconstitutional and contrary to longstanding U.S. asylum law.
Now, by targeting work authorization, the administration is attempting to choke off one of the few remaining lifelines for asylum seekers who are navigating an already broken system. Since the 1990s, U.S. policy has allowed individuals who filed for asylum to apply for employment authorization after 150 days, with eligibility to receive it 30 days later. This policy served not only humanitarian goals — allowing people to provide for their families — but also practical ones, reducing reliance on public assistance and enabling employers to fill essential jobs.
The new proposal is strikingly reminiscent of a 2020 regulation during Trump's first term, which sought to delay and restrict work permits for asylum seekers. That rule was partially struck down in federal court. Yet the administration appears undeterred in its effort to revive and expand these restrictions.
Human Cost and Economic Impact
Preventing asylum seekers from working lawfully won't just hurt migrants — it will damage American communities and economies. As Conchita Cruz of the Asylum Seeker Advocacy Project noted, asylum seekers today are indispensable members of our workforce, serving as frontline healthcare workers, janitors, restaurant staff, construction workers, and more. Stripping them of legal work authorization will only push them into the shadows of the underground economy, where exploitation and abuse are rampant.
Moreover, the proposal threatens to destabilize families, increase homelessness, and deprive children of stability while their parents' asylum claims — many of them meritorious — linger in legal limbo.
Legally Dubious and Morally Indefensible
From a legal standpoint, this measure is likely to face strong challenges. The Immigration and Nationality Act (INA) gives USCIS discretion to authorize work permits for asylum seekers, and a categorical ban appears contrary to the humanitarian spirit — and statutory language — of U.S. asylum law.
Morally, the administration's reasoning is deeply flawed. Suggesting that asylum seekers are merely economic opportunists ignores the real and often grave dangers that force people to flee persecution on account of race, religion, nationality, political opinion, or membership in a particular social group.
Saluja Law's Position
At Saluja Law, we oppose this proposed regulation in the strongest terms. Denying work permits to asylum seekers does not protect national security — it only punishes the persecuted and disrupts communities that depend on their labor.
We urge the public, employers, and policymakers to reject this harmful and misguided approach. The U.S. can and must secure its borders while still honoring its legal and moral commitments to those seeking refuge.
If you or someone you know is navigating the asylum process and has questions about how this proposal could impact your ability to work, please contact our office. We are committed to protecting your rights and advocating for a just immigration system.
— Saluja Law Offices, PLLC
Justice. Compassion. Advocacy.