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A proposed US immigration rule backed by the Trump administration could effectively halt work authorization for asylum seekers indefinitely, according to a coalition of state attorneys general who have urged federal officials to withdraw the plan.California Attorney General Rob Bonta has led a group of states in opposing a Department of Homeland Security (DHS) proposal, which would change how Employment Authorization Documents (EADs) are processed for people with pending asylum cases.This rule would increase the waiting period for asylum seekers to apply for work permits from six months to one year. After that, processing can take between 30 to 180 days.The proposal would also halt all new work permit applications if asylum processing takes longer than 180 days. Officials say such delays could last for years, effectively preventing asylum seekers from obtaining work permits for an indefinite period.Ponta said in a public statement that the move would harm individuals and the broader economy.“Asylum seekers need a fair and effective system that allows them to work legally while awaiting decisions on their asylum applications, which will allow them to contribute to our communities and build their lives,” Attorney General Ponta said.
He added: “I am committed to advocating for and empowering immigrants to support their families and help our communities thrive, while protecting California’s economic and humanitarian interests from the unwarranted obstacles created by the Trump administration. Once again, the federal government has taken drastic measures – pausing crucial legal work permits for asylum seekers indefinitely, which will have devastating consequences.”
“I strongly oppose this proposed rule.”
According to the coalition’s letter, this policy could leave asylum seekers unable to work legally, increasing the risk of exploitation, financial hardship and instability. The states warned that it would also impact local economies, reduce tax revenues, increase health care costs, and put additional pressures on public services and law enforcement.They estimate the economic impact could reach $126.6 billion in lost annual compensation for asylum seekers.Prosecutors say the rule will harm physical and mental health, food security, housing stability, and access to health care and legal services, while forcing some individuals to work in unsafe conditions.The coalition also claims the proposal violates US administrative law, saying it is “arbitrary and capricious” because it ignores evidence and fails to properly assess its impact.Besides California, the letter was supported by attorneys general from Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, Nevada, New York, Oregon, Rhode Island, Vermont, Virginia and the District of Columbia.The proposed rule has not yet been finalized, nor has DHS withdrawn it, but now faces legal and political opposition from multiple states.
