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Asylum Seeker work permits face 173-year delay under proposed U.S. rule

A proposed rule could block asylum seeker work permits for up to 173 years, with public comments open until Apr. 24, 2026.

ELCA Action Alert: Protect Employment Authorization for Those Seeking Asylum — Grand Canyon Synod of the ELCA
ELCA Action Alert: Protect Employment Authorization for Those Seeking Asylum — Grand Canyon Synod of the ELCA

The U.S. government on Feb. 23, 2026, proposed a rule that would effectively shut down access to work permits for asylum seekers, with its own estimate saying new applications might not be accepted again for up to 173 years. The plan would also make some renewals harder for people who already have work permits.

The proposal lands as the asylum system’s backlog keeps growing, and it offers no fix for the delays that already tie up cases for years. Because the rule is only proposed, it is not final, and the government is taking public comments until Apr. 24, 2026.

That comment window matters because by law every unique, substantive submission must be read and addressed before the rule can move forward. The government’s estimate also gives the proposal its own stark edge: a change presented as a procedural adjustment would, in practice, close off one of the few legal pathways many asylum seekers use to work while their cases are pending.

The practical fight now moves to the public record and to Capitol Hill. An ELCA Action Center form is being used to urge members of Congress to oppose the rule and speak out against its implementation, with listed numbers for Arizona lawmakers including Sen. at 224-2325, Sen. at 224-4521, Rep. at 225-2190 or 225-0096, Rep. at 225-3361, Rep. at 225-4065, Rep. at 225-9888, Rep. at 225-2635, Rep. at 225-2542, Rep. Adelita Grijalva at 225-2435 and Rep. Abraham Hamadeh at 225-4576.

What happens next is defined by the comment deadline: if the government pushes ahead after Apr. 24, it will do so only after sorting through objections to a rule that, on its face, would make work authorization vastly harder to reach and harder to keep.

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