No Borders NewsIllinois Attorney General Kwame Raoul says the U.S. Department of Homeland Security’s proposed rule would create major barriers to legal work for people seeking asylum.
In a comment letter sent April 27, 2026, Raoul and 19 other state attorneys general argue that the proposal would effectively pause processing of new Employment Authorization Document (EAD) applications for asylum seekers when asylum case processing takes longer than 180 days. DHS estimates that asylum processing could last far longer, which the attorneys general say could suspend work authorization for a long time.
The letter also says the proposal would increase the time asylum seekers must wait before they can apply for an EAD—from six months to one year. After that one-year wait, the attorneys general note that DHS could take longer to decide initial EAD applications, potentially leaving people without legal work authorization for extended periods.
Raoul and the coalition warn that without the ability to work legally, asylum seekers and their families could face exploitation and instability, including difficulty securing housing, food, health coverage, and access to legal services. They also argue the rule would harm states by reducing tax revenue and increasing costs for healthcare and nonprofit services.
The attorneys general further contend that the proposal is unlawful under the Administrative Procedure Act because DHS’s reasoning does not match the evidence and does not adequately consider the rule’s broad impacts. This is a public comment process, so the final outcome depends on what DHS does after reviewing comments.