ISLAMABAD: The United States Department of Homeland Security has published a proposed rule that could halt the issuance of work permits to new asylum applicants for many years, marking one of the most significant restrictions on asylum-related employment authorisation in recent decades.
The rule, announced on February 20, 2026, aims to eliminate incentives for filing what the administration describes as frivolous or meritless asylum claims solely to obtain legal work authorisation.
Under current regulations, asylum seekers can apply for an Employment Authorisation Document after their application has been pending for 150 days, with eligibility kicking in at 180 days if no decision is made.
The proposal extends this waiting period to 365 days before asylum applicants can even file for a work permit.
More critically, it would pause acceptance of all new work permit applications in the asylum category whenever the average processing time for affirmative asylum cases exceeds 180 days.
US Citizenship and Immigration Services currently faces a backlog exceeding 1.4 million pending affirmative asylum claims, equivalent to the population of New Hampshire.
Affirmative asylum processing times far surpass 180 days, with historical trends showing backlogs growing from around 311,000 cases in early 2018 to over one million by the end of fiscal year 2023.
The Department of Homeland Security estimates that, based on existing wait times and without additional reforms, it could take between 14 and 173 years to reduce average processing to 180 days or lower.
While the department notes that efficiency measures or reduced filings could accelerate progress, the projection underscores the likelihood of a prolonged or indefinite suspension.
This change targets what the administration views as exploitation of the system, where migrants file asylum claims primarily to gain immediate work rights amid overwhelming backlogs.
The rule also introduces stricter eligibility criteria, barring most migrants who entered the country illegally from receiving or renewing work permits, with narrow exceptions for those who notify border authorities of fear of persecution within 48 hours of entry.
The Department of Homeland Security stated that the measure would reduce the incentive for fraudulent claims, ease the processing burden on USCIS, and allow greater focus on security vetting and genuine protection cases.
The proposal follows President Donald Trump’s return to office, during which his administration has pursued aggressive reductions in both legal and unauthorised immigration.
Trump’s campaign rhetoric often framed immigrants and asylum seekers as threats to public safety and economic resources, despite studies showing immigrants contribute positively to the economy.
Immigrant advocates and Democratic lawmakers have condemned the approach as undermining US and international obligations to protect those fleeing persecution.
The regulation, if finalised after a 60-day public comment period starting upon publication in the Federal Register, could face immediate legal challenges from rights groups arguing it violates existing laws on asylum processing.
For migrants already in the US, including substantial communities from Pakistan, the impact could prove severe.
Pakistan ranks among countries sending asylum seekers to the US, often citing religious persecution, political instability, or threats from militant groups.
Many Pakistani asylum applicants, including Ahmadis, Christians, and others facing targeted violence, rely on work permits to support families while cases drag on for years.
The extended 365-day wait and potential pause on new permits would force new applicants into prolonged economic vulnerability, limiting access to legal employment and increasing risks of poverty or informal work.
Existing permit holders might face uncertainty if renewals become restricted under related policies, though the proposal primarily affects new applications.
Broader Trump-era measures, including pauses on certain immigration benefits for nationals from high-risk countries, have already delayed processes for Pakistanis and others.
The rule could compound these effects, potentially pushing some migrants toward destitution or voluntary departure amid unresolved claims.
Critics warn that denying work authorisation exacerbates humanitarian concerns, as asylum seekers cannot sustain themselves during multi-year waits.
The administration counters that prioritising backlog reduction and security enhances system integrity without entitling applicants to interim work rights.
The proposal reflects a broader strategy to reshape US immigration enforcement, with potential ripple effects on diaspora communities worldwide, including Pakistan’s in the US.
As the comment period unfolds, stakeholders anticipate intense debate over balancing border security with humanitarian protections.