DHS Proposes Rule to Strengthen Asylum Seeker Screening

USCIS News Releases

Published February 20th, 2026

Detected March 5th, 2026

Summary

The Department of Homeland Security (DHS) has proposed a new rule to strengthen the screening of asylum seekers and reduce fraudulent claims for work authorization. The proposed changes aim to decrease the incentive for meritless applications, thereby reducing processing times and the asylum backlog.

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What changed

The Department of Homeland Security (DHS) has issued a Notice of Proposed Rulemaking (NPRM) to revise eligibility and filing requirements for employment authorization based on a pending asylum application. This proposal, linked to Executive Order 14159, aims to deter aliens from filing fraudulent asylum claims solely to obtain work permits, which have surged to historic highs and strained USCIS resources. The agency states that nearly every illegal alien attempts to exploit the system, contributing to over 1.4 million pending affirmative asylum claims.

This proposed rule, if finalized, would significantly alter the process for obtaining work authorization while an asylum claim is pending. The primary implication for regulated entities and individuals is a potential reduction in the ease of obtaining work permits through the asylum process, with the stated goal of prioritizing genuine refugees and reducing the backlog. The public will have a 60-day comment period following the publication of the NPRM in the Federal Register to submit feedback on the proposed changes. Failure to comply with any finalized requirements could lead to denial of work authorization.

What to do next

Review the proposed rule in the Federal Register
Prepare and submit public comments within the 60-day comment period
Assess potential impacts on current and future asylum seeker work authorization applications

Source document (simplified)

DHS Proposes Rule to Prioritize Americans' Safety by Strengthening Screening of Asylum Seekers

Release Date

02/20/2026

Changes to work permits would reduce meritless applications, processing times, and backlog

WASHINGTON – The Department of Homeland Security (DHS) is proposing a rule to reduce the incentive for aliens to file fraudulent asylum claims so they can obtain work authorizations.

“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,” said a DHS Spokesperson. “We are proposing an overhaul of the asylum system to enforce the rules and reduce the backlog we inherited from the prior administration. Aliens are not entitled to work while we process their asylum applications. The Trump administration is strengthening the vetting of asylum applicants and restoring integrity to the asylum and work authorization processes.”

Applications for employment authorization based on a pending asylum application have reached a historic high, straining U.S. Citizenship and Immigration Services' (USCIS) resources. Nearly every illegal alien attempts to exploit the system by applying for asylum. USCIS currently has more than 1.4 million pending affirmative asylum claims, which is equal to the entire population of the state of New Hampshire.

This rule, if finalized, would reduce the incentive to file frivolous, fraudulent, or otherwise meritless asylum claims by changing filing and eligibility requirements for aliens requesting employment authorization based on a pending asylum application. The agency would focus more of its finite 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.

The proposed rule supports President Trump’s Executive Order 14159, Protecting the American People Against Invasion.

For more information, please see the Notice of Proposed Rulemaking in the Federal Register. The 60-day public comment period starts following publication of the Notice.

Last Reviewed/Updated:

02/20/2026

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