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Trump Admin Proposal Could Bring Drastic Changes to Asylum Process
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Asylum seekers queue at the entrance of Mexico's Refugee Help Commission and UNHCR offices in Tijuana, Baja California state, in Mexico, on Jan. 24, 2025. (Guillermo Arias/AFP via Getty Images)
By Troy Myers
2/20/2026Updated: 2/20/2026

The Department of Homeland Security (DHS) is proposing an “overhaul” of the asylum process, according to a Friday announcement.

The proposed 220-page rule aims to reduce the number of immigrants filing fraudulent claims to gain work authorizations to better focus on security checks while cutting back processing times and backlog, according to a news release. The proposal is likely to face legal challenges.

If finalized, the rule would be among the most sweeping changes to the asylum system and work authorization process in decades.

“We are proposing an overhaul of the asylum system to enforce the rules and reduce the backlog we inherited from the prior administration,” a DHS spokesperson said. “Aliens are not entitled to work while we process their asylum applications.”

Employment authorizations would be paused until processing times for asylum applications reach 180 days or lower, according to the proposal.

DHS said based on current wait times, it could take between 14 and 173 years to reach that 180 day or lower level to resume issuing work permits.

The proposal also would create more restrictive criteria for asylum-based work permits and bar illegal immigrants from receiving new permits or renewing existing ones.

“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,” a DHS spokesperson said.

More than 17 million individuals applied for asylum in the United States between 2021 and 2024.

According to the proposal, an exception would exist for individuals who entered the United States illegally out of fear of persecution, torture, or another urgent reason but notified American authorities within 48 hours of crossing the border.

Long wait times on asylum applications have resulted in historic highs for employment authorization applications. The U.S. Citizenship and Immigration Services reports more than 1.4 million pending asylum claims, which is equal to the population of New Hampshire, the news release said.

DHS’s proposed rule falls in line with President Donald Trump’s executive order, Protecting the American People Against Invasion, signed on his first day back in office a year ago.

“Over the last 4 years, the prior administration invited, administered, and oversaw an unprecedented flood of illegal immigration into the United States,” his order read.

Several Biden-era executive orders on immigration were revoked by Trump’s directive, becoming the first of his actions of his second term to make good on his 2024 presidential campaign promise of launching the largest deportation operation in American history.

Finalizing DHS’s new proposal on the asylum system could take months or years. Public comment will be accepted on the rule for 60 days after the agency formally publishes it in the Federal Register on Monday.

Reuters contributed to this report.

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Troy Myers is a regional reporter based in St. Augustine, Florida. His background includes breaking, criminal justice, and investigative writing for local news, producing on a national morning newscast in Washington, D.C., and working with an award-winning, weekly investigative news program. In his free time, he enjoys spending time with his dog at the beach.

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