In a major shift in U.S. immigration policy, the Trump administration is weighing a proposal that would prevent most asylum-seekers from obtaining work permits while their claims are pending, CBS News has learned. The move, which has yet to be finalized, would effectively end a decades-old system that has allowed thousands of migrants to support themselves and their families legally as they navigate the often years-long asylum process.
According to two senior Department of Homeland Security (DHS) officials who spoke on condition of anonymity, the proposed rule—crafted by officials at U.S. Citizenship and Immigration Services (USCIS)—would indefinitely suspend the issuance of new work permits to asylum-seekers until USCIS achieves an average processing time of 180 days to decide asylum claims. Given the current backlog, where more than 77% of applications exceed the 180-day mark and many cases remain unresolved for over two years, critics argue the new regulation would effectively shut off legal employment opportunities for most asylum-seekers.
“This is an unprecedented overhaul of the asylum process,” said Conchita Cruz, co-executive director of the Asylum Seeker Advocacy Project. “Asylum seekers are playing critical roles in a wide array of jobs—they are the doctors and the people cleaning the hospitals. Blocking them from working doesn’t just harm them, it weakens the communities that depend on their contributions.”
Background: Longstanding Policy at Risk
Since the 1990s, U.S. law has allowed asylum applicants to apply for a work permit 150 days after filing their claim, with eligibility typically granted at 180 days. This provision has been essential in enabling asylum-seekers to financially support themselves during lengthy legal proceedings. However, under the Trump administration’s proposal, even if the 180-day processing target is eventually met—a target experts say is unlikely in the near term—applicants would have to wait a full year after filing their case before they could become eligible to work.
A Broader Crackdown on Asylum
The proposal comes as part of a sweeping effort by the Trump administration to restrict asylum pathways. Since returning to office in January, President Trump has issued emergency orders that allow border agents to rapidly deport most migrants on the grounds of a so-called “invasion,” a policy that is already facing legal challenges from immigrant rights groups who argue it violates longstanding U.S. asylum law.
The administration’s statement to CBS News highlighted its focus on national security and fraud prevention: “Over the previous four years, the Biden administration eviscerated the integrity of America’s asylum system. The Department is exploring all possible options to protect our national security and increase program integrity,” DHS said in a statement. “DHS is working to mitigate all forms of fraud and abuse.”
The Scale of the Backlog and Impact
The rule under consideration would affect the more than 1.5 million asylum applications currently pending before USCIS and the approximately 2 million applications pending in immigration courts overseen by the Justice Department. The administration argues that existing work permit policies act as a “magnet” for economic migrants seeking to exploit the system for jobs rather than genuine refuge—a claim advocates dispute.
“Many applicants have legitimate claims of persecution, and while it’s true that some may apply for economic reasons, punishing all asylum-seekers by denying them the ability to work only drives them into the underground economy and makes them vulnerable to exploitation,” said an immigration attorney familiar with the issue.
What’s Next?
While the DHS officials declined to specify a timeline, they confirmed that internal deliberations are ongoing and that the proposal has not yet been publicly announced or finalized. Historically, similar attempts to restrict work permits for asylum-seekers, including a 2020 rule under the first Trump administration, faced significant legal challenges from immigrant rights organizations and were partially blocked in court.
Advocates expect this new rule, if enacted, to meet a similar fate.
Conclusion
As the administration weighs this controversial policy shift, the fate of thousands of asylum-seekers and their ability to sustain themselves—and contribute to the U.S. economy—hangs in the balance. The outcome will likely be determined not just in the halls of DHS but in the courts, where the battle over America’s asylum policies continues to shape the nation’s approach to immigration.
