National Immigration Project Submits Comment Opposing Asylum EAD Rule

On February 23, 2026, the Department of Homeland Security issued a proposed rule which would make it virtually impossible for asylum seekers to obtain employment authorization documents (EAD) while their applications are pending. This radical rule would punish asylum seekers by “pausing” EAD applications until the asylum backlog is almost entirely cleared and force EAD adjudicators to assess substantive issues in the asylum claim. The National Immigration Project comment strongly opposes this proposed rule.