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DHS Proposes Yearlong Wait for Asylum Work Permits and a Potential Nationwide Freeze

A newly published proposal open for comment would link initial work authorization to national adjudication averages, with current backlogs pointing to multi‑year delays.

Overview

  • The Department of Homeland Security published a Feb. 23 proposal to raise the minimum wait to request an Employment Authorization Document from about 180 days to 365 days for asylum applicants.
  • Separately reported by CBS News, the administration outlined a rule that would pause acceptance of initial work‑permit applications until the national average asylum adjudication time reaches 180 days.
  • USCIS data from 2024 show 77% of asylum filings were pending more than 180 days, indicating a freeze tied to the 180‑day benchmark could extend for years.
  • The proposal would expand USCIS discretion over response timelines and adjudication standards for initial EADs, reflecting a stated focus on security, fraud prevention, and resource allocation.
  • The rulemaking is open for public comment through April 24, while a federal judge in Boston ordered DHS to halt expulsions to third countries after a 15‑day stay and ICE said it will not conduct enforcement at polling places unless an active threat arises.