Trump rule could take 173 years to process asylum work permits, experts warn

Amal Khalifa “felt human” for the first time after she fled Egypt in 2019 for the United States and found kind treatment from police when she reported being a victim of domestic violence.

“When I walked into that precinct I felt like a human being for the first time in my whole life,” Khalifa said. “I like the system here — it is there to help the people.”

Khalifa still faced a long road to asylum, which she gained last year, based on her fear of returning home to Egypt. As a government worker there she faced persecution for reporting corrupt activity by criminals and illegal pressure from the outlawed but powerful Muslim Brotherhood, she said.

But leaving her former fiancé after she got to the United States meant she had to support herself as her asylum case proceeded, and she was able to do that by working as an auditor for the New York State Department of Labor. She credits her ability to earn a living with legal work permission she could get after establishing her case.

That option to work could close soon for asylum-seekers for the foreseeable future.

Currently asylum-seekers must wait six months after filing an asylum request before they can work legally, but the Trump administration is seeking to extend that to one year. The new rule is open for comment until Friday. No effective date has been announced.

The proposal would also pause any new requests for work permission during times of high asylum case processing backlogs. Since the backlog is now 1.4 million asylum cases, that would effectively stop new and renewal work request applications for anywhere from 14 to 173 years, the administration estimates.

The rule would “make it impossible for asylum-seekers to work legally to support themselves,” and would result in more poverty and off-the-books workers competing with legal workers for jobs, according to a February statement from The Forum, a coalition of immigration-related advocacy groups.

At least half a million asylum cases would be affected immediately, if the rule takes effect, causing wage loss of $27 billion to $127 billion a year, the U.S. Department of Homeland Security estimated.

Not only new requests are affected — renewals will have to go through the same process and, if they’re even granted, would be shorter based on a rule change from December 2025. That new rule limits employment authorization and renewals to 18 months instead of the previous limit of five years.

“This makes it harder for people to gain work authorization and also more arduous to stay work-authorized,” said Colleen Putzel-Kavanaugh, an associate policy analyst for the Migration Policy Institute, a Washington, D.C., think tank that researches immigration policy.

The rule is meant to discourage “frivolous” asylum cases and “allow our asylum system to prioritize those actually seeking refuge from danger,” according to a February statement from the federal Department of Homeland Security.

“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,” the statement said.

Amy Grenier, associate director for government affairs for the American Immigration Lawyers Association, a trade group, said there are less drastic ways to curb frivolous asylum claims. For instance, the Migration Policy Institute has proposed new policies such as posting asylum officers at borders who are trained to make quick decisions on cases before the applications clog immigration courts.

Amal Khalifa was able to find work as an auditor with the New York State Labor Department before winning asylum last November. (Photo courtesy of Amal Khalifa)

“This rule seems designed to make it impossible for people to apply for asylum in the first place — a right which is protected under our laws,” Grenier said. “The administration will cause hardship for American businesses that rely on these legal workers, worsen asylum backlogs and harm people already fleeing for their lives.”

The move is likely to exacerbate the number of immigrants not authorized to work, especially the millions who arrived earlier this decade and sought asylum.

A Federal Reserve Bank of Dallas analysis found that nearly 550,000 immigrants without legal status left the United States last year, including through deportations and voluntary departure. That has put a lid on job growth but has also kept unemployment stable, the report concluded.

Two groups that recruit asylum-seekers for jobs told Stateline they’re opposed to the proposed new rules. Many industries need immigrants such as Khalifa with valid asylum cases and professional experience in their home countries.

“Immigration is a vital part of the solution to labor shortages, especially in health care,” said Avigail Ziv, chief program officer at Upwardly Global, a company that helps legal workers get certified to do professional work in areas such as health care and engineering. The group helped Khalifa find her state job in New York.

“In the U.S. right now there’s over 270,000 underemployed immigrants that have been trained in health care in their home countries,” Ziv said.

Another group that helps asylum-seekers find jobs is Tent Partnership for Refugees, whose CEO Gideon Maltz said, “When the U.S. government curtails employment authorization for those who are already here and working, they’re not only hurting people seeking refuge, they’re undercutting the companies and communities that depend on their labor.”

Employers in manufacturing, hospitality and logistics need more workers, Maltz said, and “refugees and asylum-seekers have been helping keep those industries running, reliably stepping into the hardest-to-fill jobs and contributing from Day One.”

Many asylum-seekers waiting for work authorization work in low-paying gig economy jobs such as food delivery, said Ernesto Castañeda, director of American University’s Center for Latin American and Latino Studies, which interviewed hundreds of asylum-seekers in New York City and the Washington, D.C., area for a research project.

The New York State Labor Department, in an attempt to clear clogged migrant shelters, set up a program in 2023 to connect asylum-seekers with valid work permission to jobs. Employers who participated included those in the industries of home health care, food processing, parking and building services, according to information the department sent to Stateline at the time.

The proposed federal rule suggests that American workers could benefit from the changes, and that employers would benefit by hiring available Americans. States could benefit as well, the department said, if lower immigration numbers reduce the strain on social services.

There were similar attempts by the first Trump administration to curtail work permission for asylum seekers, but they were all struck down in court, sometimes on technicalities.

A one-year waiting rule, as well as longer permitted processing times, were struck down in 2022 after a judge ruled that an acting Department of Homeland Security secretary did not have the authority to implement the rules in 2020. A 2018 court ruling also forced fast 30-day processing of work permission requests for asylum-seekers.