McALLEN, Texas (Border Report) — Reports that the Trump administration might significantly change work eligibility rules is worrying asylum-seekers, migrant legal advocates tell Border Report.
CBS News reported Tuesday that the Trump administration is considering a regulation that would prevent most asylum-seekers from getting work permits while their asylum cases are pending.
The news agency cited sources that say a proposal by officials at U.S. Citizenship and Immigration Services would suspend the issuance of new work permits to asylum-seekers until the agency decides all asylum claims within an average of 180 days, or six months. It would also require asylum-seekers to wait one year to file for a work permit application, instead of the current 150 days.
Migrant advocates says this timeframe is unrealistic.
The U.S. Department of Homeland Security Office of Inspector General in a July 2024 report found that 77% of all asylum cases take longer than 180 days to resolve during Fiscal Year 2023.
More than 786,000 asylum cases were pending over six months, and 40% were pending at two years, according to the Inspector General report.
The Department of Homeland Security has not announced any changes to work permit rules.
In a statement to Border Report, a senior DHS official said: “The Biden administration eviscerated the integrity of America’s asylum system. The Department is exploring all possible options to protect our national security and increase program integrity. DHS is working to mitigate all forms of fraud and abuse. The Department does not comment on deliberative process or possible decision making.”
Migrant advocates say asylum clients are worried.
“We have a lot of clients scared about this — about all of this that is happening right now,” Estuardo Cifuentes, program manager for Lawyers for Good Government’s Project Corazon, told Border Report on Thursday.
Cifuentes is a former asylum-seeker who now lives in New York City. He says the day after the changes were reported he received “hundreds of calls” from asylum clients of the nonprofit.
“The information says they are trying to complete the cases in six months, and that is insane, I think, because we don’t have enough judges and the process will take more time to process a case,” he said.
If put into policy, advocates say asylum-seekers will become dependent upon faith-based or other organizations to support them, or they will risk taking unreported jobs where they could be extorted.
“This will be hard for asylum-seekers. They cannot support their families, cannot pay their rents or buy supplies. So this will be really hard,” Cifuentes said.
U.S. law allows asylum-seekers to apply for a work permit 150 days after claiming asylum. The person would not be allowed to work prior to 180 days from claiming asylum, however, which is six months. And according to the law, the Attorney General may impose fees for work permit applications.
There currently is no fee for an initial work permit application, however, there is a renewal fee of up to $520, according to the Asylum Seekers Advocacy Project
Since 1986, the Immigration Reform and Control Act, has required employers to verify the identity and work authorizations for all potential hires.
Work authorizations are valid for up to five years, which Cifuentes says gets most clients through the asylum process. But he says changes to that timeline will be costly.
“Official reports say the average asylum claims are two years, but the reality is different. We are seeing cases that they are waiting for five or six years so this work permits allow them to support themselves while their cases are in process,” he said.
Sandra Sanchez can be reached at SSanchez@BorderReport.com.
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