New DHS Proposal Could Reshape Asylum Work Permits

Many asylum seekers in the United States depend on work permits to support themselves and their families while they wait, sometimes for years, for a decision on their case. In February 2026, the Department of Homeland Security (DHS) introduced a new proposed rule that would significantly change when and how people with pending asylum applications can qualify for employment authorization, as part of a stated effort to strengthen screening and “restore integrity” to the asylum process.

Understanding what DHS is proposing, where the rule is in the process, and what could change if it is finalized can help people who are seeking or considering asylum make informed decisions and prepare for possible longer waits for work authorization.

What this proposed rule is and why DHS is doing it

On February 20, 2026, the Department of Homeland Security (DHS) announced a proposed rule called “DHS Proposes Rule to Prioritize Americans’ Safety by Strengthening Screening of Asylum Seekers.” DHS says the main goal is to reduce what it views as “fraudulent” or “meritless” asylum applications filed primarily to obtain work authorization, and to free up resources to address the asylum backlog.

Key points from DHS’s own description:

• DHS believes many people apply for asylum primarily to obtain an Employment Authorization Document (EAD) while their asylum cases are pending.
• USCIS reports very high numbers of asylum‑based EAD applications and a large asylum backlog, with more than a million pending affirmative asylum claims.
• DHS frames this rule as a way to “restore integrity” to both the asylum system and the work authorization process, and to “strengthen screening” of asylum seekers.
• The proposal is tied to President Trump’s Executive Order 14159, “Protecting the American People Against Invasion.”

What a “proposed rule” means

A “proposed rule” is not law yet. It is DHS’s draft of how it wants to change existing regulations.

For this rule, the process looks like this:

• DHS publishes a Notice of Proposed Rulemaking in the Federal Register.
• There is a public comment period (typically 60 days) during which individuals, attorneys, advocacy organizations, and others can submit written comments supporting or opposing the rule or suggesting changes.
• After the comment period, DHS reviews the comments and may revise the proposal.
• DHS can then publish a final rule with an effective date and possibly grace periods or transition rules, or it can choose not to finalize the rule.

During this entire process, the current asylum and work authorization regulations remain in place. The proposed rule does not change your rights or obligations until and unless a final rule becomes effective.

The current screening process for asylum seekers (high‑level overview)

If you are seeking asylum in the US, your path and screening process depend on how and where you apply, but some core pieces are common:

Expressing fear and credible fear interviews

• People who arrive at a US border or port of entry and say they are afraid to return to their home country may be placed in “expedited removal.”
• Many of them will have a “credible fear interview” with a USCIS asylum officer. This is an initial screening to decide whether there is a “significant possibility” that the person could qualify for asylum or related protection anywhere.
• The officer asks about past harm, threats, and the dangers you fear if returned, and whether that harm is tied to one of the protected grounds (race, religion, nationality, political opinion, or membership in a particular social group).
• If the asylum officer finds that you have a credible fear, your case is usually referred to immigration court so you can present your full asylum claim to a judge. If the officer finds no credible fear, you can usually ask an immigration judge to review that decision in a brief hearing; if the judge overturns the negative finding, your case can then move forward in immigration court.

Affirmative vs. defensive asylum

• Affirmative asylum: You file Form I‑589 with USCIS if you are not in removal proceedings, usually within one year of your last arrival in the US, and you have an interview with an asylum officer.
• Defensive asylum: You request asylum as a defense in immigration court after being placed in removal proceedings, often after a credible fear process or another referral.

Security and background checks

• Throughout this process, DHS runs multiple security checks, including biometric screening such as fingerprints and photos, and checks against law enforcement and intelligence databases.
• These checks aim to identify security risks, serious criminal history, or other grounds of inadmissibility.

Work authorization under current rules (before this proposal becomes law)

• Under existing regulations, many asylum applicants who are not otherwise barred may apply for work authorization after a specified waiting period once their asylum application has been properly filed, is pending, and has not been denied.
• The details of that waiting period and eligibility can change over time through other rulemaking, but right now, the proposed 2026 rule has not taken effect.

What DHS says the new rule would change

The proposed rule focuses heavily on work authorization (EADs) for asylum seekers, not on the basic eligibility standard for asylum itself.

According to the Notice of Proposed Rulemaking (NPRM) and legal alerts that have summarized it:

• Longer wait to apply for an asylum‑based EAD

• • • A key piece of the draft rule would lengthen the time asylum seekers must wait after filing Form I‑589 before they can even apply for an EAD.
    • Reporting on the draft proposal indicates that DHS is considering extending the wait from roughly 150 days to around 365 days (one full year) from the date the asylum application is properly filed.

• Stricter filing and eligibility rules

• • • DHS plans to change filing and eligibility requirements for asylum‑based EADs to discourage what it views as frivolous or fraudulent cases.
    • While the final details are not yet known, commentary on the draft suggests possible limits on who can get an EAD based on the manner of entry, compliance with deadlines, or other factors.

• Biometrics and vetting focused on work permits

• • • The proposal fits within a broader move to require more biometric screening (such as fingerprints and facial photos) and security checks tied to EAD applications, especially for asylum‑based work authorization.
    • This could mean additional appointments, longer processing, or more opportunities for DHS to re‑screen individuals before approving or renewing work permits.

• “Screening” through economic pressure

• • DHS argues that making it harder to get work authorization will reduce the incentive for people to file asylum applications they do not intend to pursue seriously.
  • Critics say this approach may mainly hurt genuine asylum seekers by increasing the risk of poverty and instability while they wait for their cases. Some legal commentators describe it as adding “more screening pressure” on people who rely on lawful work to survive during long backlogs.

Importantly, the proposal does not, in itself, erase asylum as a form of protection. It changes how and when asylum applicants may work while their cases move forward.

What you need to know right now (while the rule is still proposed)

If you are currently seeking asylum or thinking about applying, here are practical points to keep in mind today:

• The rule is not in effect yet

• • • Until DHS publishes a final rule with an effective date, the current regulations on asylum‑based EADs and screening remain in place.

• Your current application process does not automatically change

• • • If you already filed for asylum or are preparing to file, your obligations (deadlines, forms, appearing at interviews or court hearings, address updates) remain the same under existing law.

• Timely filing remains very important

• • • Existing law still expects most people to apply for asylum within one year of arrival in the US, unless an exception applies. Delays can create issues regardless of what happens with this new rule.

• Documentation and credibility are still central

• • • The credible fear process and later asylum adjudication still focus on whether your fear is believable and tied to a protected ground, and whether you can explain your story clearly and consistently.

• Policy can change quickly

• • Because this is an area of active policy change, especially under Executive Order 14159 and related guidance, it is wise to stay informed and consult an attorney who closely follows these developments.

How this proposal fits into the “screening” system

DHS is presenting this rule as part of an effort to “strengthen screening” of asylum seekers and prioritize safety. In practice, that “screening” has several layers:

• Legal screening through the credible fear and full asylum adjudication process, where officers and judges examine whether someone meets the definition of a refugee.
• Security screening using biometrics and database checks to identify potential security or criminal concerns.
• Economic screening by making it harder to obtain work authorization, which DHS believes will deter fraudulent or weak claims but may also increase hardship for genuine refugees.

From a person’s point of view, applying for asylum is more than just filling out forms. It involves telling your story clearly, gathering evidence where possible, navigating security checks, and, if this rule becomes final, planning for an extended period before you may qualify for lawful work authorization.

What someone currently seeking or considering asylum should do

Every case is different, but some general steps can help you protect yourself in a changing policy environment:

• Stay informed about rule changes

• • • Watch for updates on the DHS or USCIS websites, from reputable immigration law firms, or from community organizations that track asylum policy.

• File carefully and completely

• • • Make sure any asylum application you file is accurate, complete, and consistent with your story. Incomplete or poorly prepared filings can create problems later in both your asylum and any related EAD applications.

• Keep all notices and attend all appointments

• • • Attend your credible fear interview, asylum interview, and immigration court hearings, and go to any scheduled biometric appointments. Missing required steps can lead to denials, in‑absentia orders, or loss of eligibility for benefits.

• Plan practically for possible delays in work authorization

• • • Even under current rules, EAD processing can be slow. With the proposed rule, wait times and requirements could become even more burdensome if it is finalized. Think about backup plans, support from family or community, and how you would manage if you have to wait longer for work authorization.

• Consult with an experienced immigration lawyer

• • Because this rule is complex and interacts with many other parts of immigration law, personalized legal advice is extremely valuable. An attorney can help you understand how proposed or final rules may affect your options and timing.

Stump and Associates in Oklahoma City focuses exclusively on immigration law, including asylum and removal defense, and regularly counsels clients on how policy changes may affect their cases. Working with counsel can help you navigate credible fear interviews, asylum applications, and work authorization requests in a fast‑changing environment.

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This article is for informational purposes only and does not constitute legal advice. For personalized assistance, please consult with an immigration attorney at Stump & Associates.

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