Policy Changes 2026: DHS Proposes Stricter Asylum Screening and Work Authorization Rules
The Department of Homeland Security (DHS) has proposed a significant rule change that would tighten the requirements for asylum seekers to obtain employment authorization documents (EADs) while their cases are pending. The proposed rule, announced on February 20, 2026, is designed to reduce what DHS characterizes as fraudulent asylum filings made primarily to gain work permits rather than genuine protection.
According to DHS, applications for employment authorization based on pending asylum applications have reached a historic high, straining USCIS resources. The agency currently has more than 1.4 million pending affirmative asylum claims — a backlog comparable to the entire population of New Hampshire. The proposed rule would change both the filing and eligibility requirements for EADs tied to pending asylum applications, in alignment with Executive Order 14159, "Protecting the American People Against Invasion."
If finalized, the rule would make it significantly more difficult for asylum seekers to legally work in the United States while awaiting a decision on their case. A 60-day public comment period began following publication of the Notice of Proposed Rulemaking in the Federal Register. Immigration advocates have expressed concern that the rule could leave vulnerable populations without income during what are often years-long waits for asylum adjudication.
For those currently seeking asylum or planning to apply, these policy changes could directly affect your ability to support yourself and your family. It is important to stay informed about the status of this proposed rule and to work with a qualified immigration attorney to strengthen your asylum claim and understand your rights throughout the process.