The Donald Trump administration has laid out a new proposal targeting professional pathways linked to legal and illegal immigration. As part of its ongoing efforts to put “America first,” the US Citizenship and Immigration Services (USCIS) plan on blocking asylum seekers in the US from getting work permits for at least a year.
In addition to effectively blocking asylum applicants from getting their work permit for a year after their apply for the status, the Department of Homeland Security’s proposal also demands an extension of the timeframe agents have to make decisions on a case and let the agency pause all application is the backlog is a lot.
The DHS highlighted in a press release that the proposed rule supports the US President’s Executive Order 14159, ‘Protecting the American People Against Invasion.’
Trump admin proposes Employment Authorisation Reform for Asylum Applicants
Citing a backlog that it inherited from the Joe Biden administration in a Federal Register filing on Friday (US time), the USCIS proposed to modify regulations governing asylum applications and employment authorisation based on a pending asylum application. If this goes into action, it would change filing and eligibility requirements for foreigners requesting employment authorisation and an Employment Authorisation Document (EAD).
“The changes include pausing acceptance of EAD applications from asylum applicants during periods when affirmative asylum average processing time exceeds 180 days, extending the waiting period to apply for employment authorisation to 365 days, changing EAD application processing time requirements, and adding eligibility requirements,” the USCIS (DHS) stated in the Federal Register documents.
Further detailing processing timeframes as part of the proposed changes, the Department of Homeland Security pressed the regulatory requirement that USCIS complete adjudication of initial EAD applications within 30 days. It further notes that initial EAD application received on or after the effective date of the final rule, the DHS proposed to extend the processing timeframe to 180 days for USCIS to adjudicate the EAD application.
As per the Federal Register filing, the USCIS expects that the rule’s implementation would result in new EAD applications for pending asylum applicants being pause for an extended period, possibly many years. It further estimated that the new proposal could lead to the resumption of processing work permit applications between 14 and 173 years. However, it pointed out that certain factors could shorten the timeline
‘Rooting out fraud’: Homeland Security
In a press release published on the DHS website, a spokesperson pointed the finger at “fraudulent asylum claims” being an “easy path to working in the United States.” They further blamed it for overwhelming the country’s immigration system with “meritless applications.”
The DHS spokesperson clarified that the agency was proposing an overhaul of the asylum system to reduce the backlog it inherited from the previous administration. “Aliens are not entitled to work while we process their asylum applications,” it added. “The Trump administration is strengthening the vetting of asylum applicants and restoring integrity to the asylum and work authorization processes.”
In the new press release, federal authorities asserted that applications for employment authorisation based on a pending asylum application have hit a historic high, putting undue pressure on the USCIS’ resources. DHS claimed that more than 1.4 million asylum claims were still pending with USCIS, as those entering the country illegally attempt to exploit the system by applying for asylum.
The DHS asserted, if the rule to strengthen screening of asylum seekers is finalised, it,” would reduce the incentive to file frivolous, fraudulent, or otherwise meritless asylum claims by changing filing and eligibility requirements for aliens requesting employment authorisation based on a pending asylum application.”