WASHINGTON — The Department of Homeland Security is proposing a new rule that would make it harder for migrants with pending asylum applications to obtain work permits, saying the change would discourage fraudulent claims and reduce a growing case backlog.
In a notice of proposed rulemaking, DHS said it aims to reduce what it described as incentives for filing “frivolous, fraudulent, or otherwise meritless” asylum claims in order to secure employment authorization while cases are pending.
“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,” a DHS spokesperson said in a statement. “We are proposing an overhaul of the asylum system to enforce the rules and reduce the backlog we inherited from the prior administration.”
Under current policy, some asylum applicants can apply for employment authorization while their cases are being processed. DHS said applications for work permits tied to pending asylum claims have reached historic highs, straining resources at U.S. Citizenship and Immigration Services.
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The agency said USCIS has more than 1.4 million pending affirmative asylum applications.
If finalized, the proposed rule would change filing and eligibility requirements for individuals seeking work authorization based on a pending asylum application. DHS said the changes would allow the agency to redirect limited resources toward adjudicating asylum claims, including older cases, and other pending immigration petitions.
The department said the proposal is intended to prioritize those “actually seeking refuge from danger.”
The rule is part of President Donald Trump’s Executive Order 14159, titled “Protecting the American People Against Invasion,” according to DHS.
The proposal will be published in the Federal Register, triggering a 60-day public comment period.