Proposed Ban on Work Permits for Asylum-Seekers Signals Deeper Legal Shifts

The Trump administration is preparing a major overhaul to U.S. asylum policy by considering a regulation that would effectively halt work authorization for asylum-seekers. If finalized, the change would not only upend decades of precedent—it could destabilize families and challenge the legal rights of migrants.A Drastic Reversal

A Drastic Reversal in Work Permits for Asylum Seekers

For nearly 30 years, asylum-seekers have been granted the right to work once their claims have been pending for at least 180 days. Under current immigration regulations, applicants can request work authorization 150 days after filing, with employment eligibility often granted by day 180.

Trump officials are now exploring a radical reversal: suspending all new authorizations until U.S. Citizenship and Immigration Services (USCIS) resolves all pending asylum applications within an average 180-day timeframe. And even then, a new one-year waiting period post-filing would be required—double the current six-month rule.

As of mid-2024, more than 77% of asylum applications had exceeded a 180-day wait, with nearly 40% pending two years or longer.The by-design delay would be nearly impossible to meet—significantly postponing the ability of asylum applicants to receive a work permit.

What’s at Stake if Asylum Seekers Lose Work Permits

Access to a work permit is more than just a legal formality. Employment authorization allows individuals to support themselves, secure housing, contribute to local economies, and retain legal representation.

Without work authorization, many are likely to enter the underground economy and remain highly vulnerable to labor exploitation.

Conchita Cruz of the Asylum Seeker Advocacy Project warned, “Asylum seekers are playing critical roles … they are the doctors and the people cleaning the hospitals.”

This sentiment is echoed nationwide, where asylum seekers and parole-based migrants—such as those from Venezuela, Nicaragua, Cuba, and Haiti—have reshaped labor markets and community demographics.

A CBS News report in South Florida highlighted a Venezuelan father who, despite living in the U.S. for 11 years and applying for both Temporary Protected Status (TPS) and asylum, feared losing his work permit and becoming economically vulnerable.

Economic Impact of Restricting Work Permits for Asylum Seekers

These policy shifts endanger not only immigrants but also U.S. employers. Denying employment authorization causes immediate impacts: staffing shortages in sectors like agriculture, hospitality, and construction are rising.

Amid these shortages, a recent ICE raid in Florida targeted six Nicaraguan asylum seekers—all of whom were lawfully employed—disrupting a roofing company and removing 25% of its workforce.

Many businesses are now urgently seeking legal guidance on work permit renewals, compliance strategies, and humanitarian protections for affected employees—revealing the deep tension between immigration enforcement and labor needs.

Legal and Policy Battle Ahead

This move recalls the Trump-era 2020 rule that aimed to extend the work permit waiting period to one year and restrict access—a rule later blocked in court.

Its potential revival reflects a broader strategy: eliminate labor incentives for migration and fast-track deportation processing.

Now, civil rights organizations are preparing for legal battle. They’re already challenging:

• Port-of-entry asylum denials

• Parole program changes

• Expanded expedited removal procedures

• 
  

If work authorization is paused, expect new lawsuits arguing that federal law guarantees asylum seekers the right to work while claims are pending.

What’s Next

For now, this immigration regulation is still under review. DHS has declined to comment, citing internal deliberations.

If finalized, the new rule could be issued by late summer 2025, prompting a wave of court challenges and requests to block implementation.

In the meantime, non-profits, legal aid organizations, and local governments must prepare—by expanding legal support services, documenting violations, and assisting affected families.

Trusted immigration attorneys will play a vital role in guiding clients through employment eligibility issues, asylum delays, and appeals.

This proposed ban on asylum work permits isn’t just an administrative policy tweak—it threatens to dismantle legal protections, force undocumented employment, and weaken labor forces that depend on

Patricia Elizee is the managing partner of the Elizee Law Firm, an immigration law firm located at 1110 Brickell Avenue, Suite 315, Miami, Florida 33131. Phone 305-371-8846. The law firm was established in 2012. Ms. Elizee earned her Juris Doctorate at the University of Miami School of Law and her Masters in Law from the University of Washington School of Law.