The Department of Homeland Security (DHS) has announced a proposed rule aimed at reducing fraudulent asylum claims and addressing the backlog in the U.S. immigration system. The new measure seeks to limit work authorization for individuals with pending asylum applications, which officials say has been a significant driver of meritless claims.
A DHS spokesperson stated, "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. We are proposing an overhaul of the asylum system to enforce the rules and reduce the backlog we inherited from the prior administration. Aliens are not entitled to work while we process their asylum applications. The Trump administration is strengthening the vetting of asylum applicants and restoring integrity to the asylum and work authorization processes."
The agency noted that employment authorization requests based on pending asylum cases have reached unprecedented levels, putting pressure on U.S. Citizenship and Immigration Services (USCIS). Currently, there are more than 1.4 million pending affirmative asylum claims—roughly equal to New Hampshire's population.
If implemented, the proposed rule would alter filing and eligibility requirements for those seeking employment authorization while their asylum application is under review. DHS intends this change to discourage frivolous or fraudulent claims by removing some incentives tied to work permits. The goal is also to direct resources toward processing legitimate cases from individuals fleeing danger.
This proposal aligns with President Trump's Executive Order 14159, Protecting the American People Against Invasion.
Further details can be found in the Notice of Proposed Rulemaking published in the Federal Register. A 60-day public comment period will begin after publication.
