Federal Proposal Would Make It Nearly Impossible for Immigrants Seeking Asylum to Work Legally, Advocates Say – City Limits

Advocates say the proposal is the federal government’s way of discouraging people from seeking asylum in the country, while also depriving those currently in the process of the option to work. Friday is the last day for the public to weigh in on the rule.

The public comment period for a new rule sought by the Department of Homeland Security, which would impose a lengthy pause on work permits for asylum seekers—thousands of whom remain in New York City’s shelter system—is set to close by the end of the day on Friday, April 24.

The proposed rule, issued on Feb. 23, seeks to extend the waiting period for employment authorization for asylum applicants from six months to a year, while also increasing the U.S. Citizenship and Immigration Services (USCIS) processing time for work authorization from 30 to 180 days.

“They’re now saying, ostensibly, we want you to wait a year and a half. You’re more than doubling the time that the person has to wait,” said Amy Leipziger, project director at the Urban Justice Center’s Free to Be Youth Project.

The move comes after the Trump administration’s previous efforts to fully pause asylum applications during his second term (though officials later lifted the pause for countries labeled “non-high-risk.”)

While the administration frames the latest change as an effort to root out fraud, advocates say the policy could delay work authorization for asylum seekers for years, exacerbating existing, historically high case backlogs.

Even USCIS itself—the federal agency that oversees immigration applications—acknowleges as much. “USCIS also expects that, upon implementation of this rule, new [Employment Authorization Document] applications for pending asylum applicants would be paused for an extended period, possibly many years,” reads the rule.

“Without factoring in any of the other proposed changes in this rule and how they may impact adjudication times, it may take between 14 and 173 years to reach a 180-day processing time,” it adds. 

“They’re admitting essentially that if this rule is implemented, it might literally mean that people will never be able to get a work permit through an asylum application,” said Andrés Santamaria, an attorney with Make the Road New York.

In the United States, asylum status is generally intended for immigrants who can’t return to their home countries for fear of persecution based on things like their religion, race, nationality or political views.

According to the proposed rule, the government not only wants to “deter frivolous, fraudulent, or meritless” asylum applications, but also “be able to approve meritorious asylum applications more quickly, ensuring only those with approved asylum petitions are able to work within 365 calendar days.”

A USCIS spokesperson added it will enable the agency “to dedicate more of its limited resources on reviewing pending asylum applications, including backlog cases, and other pending applications and petitions, and allow our asylum system to prioritize those actually seeking refuge from danger.”

“U.S. Citizenship and Immigration Services has placed a renewed emphasis on robust alien screening and vetting, eliminating policies the former administration implemented that prioritized aliens’ convenience ahead of Americans’ safety and security,” said USCIS Spokesman Zach Kahler in a statement. “Working in the United States is a privilege, not a right.” 

Asylum applications are already cumbersome and take years to complete. Under the current rules, however, people can work while the process is ongoing, giving them the ability to support themselves and contribute to the economy, advocates noted.

Without that option, more newly arrived immigrants will be forced to seek out off-the-books jobs. 

“The rule will deprive asylum seekers of the ability to support themselves but also increase the likelihood that asylum seekers will face exploitation in the workplace,” said Mario Bruzzone vice president of policy at the New York Immigration Coalition. “The rule risks driving many asylum seekers into informal or underground employment where labor protections are weaker and workers are more vulnerable to wage theft, coercion and unsafe working conditions.”

There are approximately 111,000 asylum-seeking workers in New York, most of them concentrated in the construction, health services, leisure, and hospitality industries, per WorkPermits.US, an advocacy group promoting workforce stability.

According to the New York City comptroller’s office, approximately 29,430 asylum seekers were in the city’s shelter system in March, though it’s not clear how many of those have filed applications for asylum or work permits. Those who already have a work permit would not be impacted by the rule change. 

Conchita Cruz, co-executive director of the Asylum Seeker Advocacy Project, said that the organization has listened to the concerns of a wide range of groups and organizations across the country, including the business community, labor unions, faith-based organizations, city governments, county governments, small business majority, chambers of commerce, and franchise owners and franchisees.

“What is so worrisome about this regulation is how wide-ranging the impact would be on not just asylum seekers, but the communities that rely on them throughout the United States, which includes employers, labor unions, and individuals who rely on the work and contributions of asylum seekers,” said Cruz.

According to the WorkPermits group, nationally, there are 2.3 million asylum applicant workers contributing to the economy.

“While there is still time… we encourage community members to comment and share their concerns with the government,” Cruz added, noting the April 24 public feedback deadline. 

“It’s important for people to understand that this proposal is not final, and that the government must respond to public comments, so it is important to ensure that the government hears from as many people with as many different perspectives as possible before the end of the day on the 24th,” Cruz said.

Feedback on the proposal can be submitted here until midnight on Friday. After reviewing public comments, the government will decide whether or not to proceed with the change.

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