Maryland Attorney General Pushes Back on Federal Rule That Could Block Asylum Seekers from Working

State of MD - Maryland Attorney General Anthony G. Brown has joined attorneys general from 20 states and the District of Columbia in opposing a proposed federal rule that would significantly limit the ability of asylum seekers to obtain work permits in the United States.

The rule, proposed by the U.S. Department of Homeland Security would make major changes to how Employment Authorization Documents, commonly called EADs, are handled for people who have applied for asylum and are waiting for a decision on their case.

Under current rules, asylum seekers can apply for a work permit after waiting six months. The proposed rule would extend that wait to one year. After that waiting period, the government would then have up to 180 days to process the application, a jump from the current 30-day requirement.

Perhaps the most significant change in the proposal involves what happens when the government falls behind on processing asylum applications. If the average processing time for asylum cases exceeds 180 days, DHS would be required to stop accepting new work permit applications entirely. DHS has estimated that pause could last for decades.

Attorney General Brown's office argues the proposed rule would leave asylum seekers in a difficult position. In the multistate comment letter, Brown urged DHS to drop the proposed rule, stating it "will leave applicants vulnerable to exploitation and without the appropriate authorization documents that enable asylum seekers to support themselves and safely contribute to Maryland's economy."

The letter outlines several concerns about how the rule could affect both immigrant workers and the states where they live. The coalition argues the rule would negatively impact asylum seekers' health, housing stability, and access to food and legal services. It also argues many could be pushed into unsafe or illegal work situations.

On the economic side, the letter points to estimates that lost wages for asylum seekers could reach as much as $126.6 billion annually if the rule takes effect. The coalition also argues it could reduce tax revenue, increase healthcare costs, and place a greater burden on state-funded programs and nonprofits.

The comment letter further argues the proposed rule violates the Administrative Procedure Act, calling it "arbitrary and capricious" because DHS's reasoning conflicts with evidence and fails to account for the full scope of harm it could cause.

DHS has stated the rule is part of broader efforts to improve the integrity of the asylum system and prioritize cases with valid claims. The agency says it wants to discourage what it calls "frivolous" filings and focus resources on those genuinely seeking protection.

The proposed rule is not yet final. The public comment period closed on April 24, 2026. It is unclear when a final decision will be made.

Attorney General Brown is joined in the letter by the attorneys general of California, Colorado, Connecticut, Delaware, the District of Columbia, Hawai?i, Illinois, Maine, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, Nevada, New York, Oregon, Rhode Island, Vermont, and Virginia.