DHS can do more to prevent asylum fraud

The Department of Homeland Security published a proposed rule last month that would increase the time asylum-seeking aliens must wait before applying for work authorization. Media reports have treated it like a harsh, draconian change. But if anything, the final rule should go even further to prevent asylum fraud.

An alien in the U.S. cannot obtain an employment authorization document as a stand-alone immigration benefit. Rather, this document can only be granted in conjunction with another immigration benefit, such as asylum or Temporary Protected Status. What should surprise Americans is that aliens can receive work authorization while the application for that benefit is merely pending instead of having to wait until that application is granted.

In the case of asylum, a decades-long policy has allowed asylum applicants to apply for permission to work as soon as five months after applying for asylum, so that they can receive the employment authorization document after six months. This policy has been a significant enticement for asylum fraud.

The proposed rule would increase asylum applicants’ wait for employment authorization to a minimum of one year. It would also pause acceptance of asylum-related applications for employment authorization whenever the processing time exceeds 180 days for 90 consecutive days. U.S. Citizenship and Immigration Services would then resume accepting applications for employment authorization whenever the average asylum application processing time is less than or equal to 180 days over a period of 90 consecutive days.

This is an overly complicated half-measure to discourage asylum fraud. The final rule should be simpler and more far-reaching, simply requiring asylum applications be granted before aliens can obtain work authorization.

The Immigration and Nationality Act, as amended by Congress in 1996, requires a minimum........

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