Advocacy Updates for ASAP Members

Written by ASAP’s expert immigration lawyers · Updated September 2, 2026

ASAP members are fighting together to advance ASAP members’ top priorities. Click on the links below to read the monthly updates.

September 2, 2026 Updates

Four member wins in six weeks

At a difficult time, ASAP members have made a difference. Here are some of your recent victories. 

Thanks to ASAP members, people who missed their annual asylum fee deadline can now pay! 

USCIS told many people that they had missed their deadline to pay the annual asylum fee. Many people had never received any notice of this deadline, and only learned about the fee after the payment window had already closed. 

USCIS said they were prepared to reject 227,186 people’s asylum applications for failure to pay the fee, and cancel hundreds of thousands of work permits. 

So ASAP members filed a lawsuit to stop these harsh penalties - and won a temporary victory! The judge agreed with ASAP members and said that USCIS cannot impose penalties for people who missed the payment deadline while the lawsuit is pending. But USCIS can still charge the annual asylum fee. 

The judge paused these penalties for the first time on July 21 and then continued the pause in a second decision on August 5. Then, on August 13, USCIS reopened the expired payment windows. USCIS said that, because of ASAP members’ lawsuit, they will allow asylum seekers who missed their payment deadline to pay for now.  

The pause on penalties is temporary and could change in the future once there is a later decision in the lawsuit. If you previously missed the USCIS deadline, check now to see if you can pay, and pay quickly if you can!

ASAP members won TPS work permit extensions for El Salvador, Sudan, and Ukraine 

Because of a lawsuit brought by ASAP members, the government agreed to extend many work permits for TPS holders from El Salvador, Ukraine, and Sudan! 

USCIS was previously planning to end some TPS-based work authorization early, on July 22. This affected many people with TPS from El Salvador, Sudan, and Ukraine. ASAP members and members of other organizations sued to stop this, as part of our USCIS annual asylum fee lawsuit. 

If you applied for a work permit renewal during the re-registration period, and you have not yet received a new work permit, USCIS says they will send a notice automatically extending your work permit. The work permit extensions for El Salvador are valid through September 9, 2026.  The work permit extensions for Sudan and Ukraine are valid through October 19, 2026. Learn more about TPS here.

Asylum fee does not apply to CAT and withholding of removal

As we shared last month, on July 24, the Board of Immigration Appeals (BIA) ruled that asylum seekers do not have to pay an asylum fee to apply for withholding of removal or protection under the Convention Against Torture (CAT).

This win was thanks to ASAP members’ advocacy! It means that asylum seekers cannot be deported for failing to pay the annual asylum fee.

30-day initial work permit processing is the law again, thanks to ASAP members

As we also shared last month, on July 21, USCIS reinstated the 30-day processing requirement for initial asylum-based work permits. This happened after ASAP members filed a lawsuit to stop USCIS from removing this requirement. 

Initial work permit processing is slowing down

This month, ASAP received updated information about processing times for initial work permits through a lawsuit called Rosario v. USCIS. You can find updated data as of June 30, 2026 here and data as of July 31, 2026 here.

Initial work permit processing for asylum seekers is slowing down. But most work permits are still being processed within 30 days, thanks to ASAP members’ win.

Here are the details:

  • 73.9% of asylum seekers received a decision about their initial work permit within the correct 30-day period in July. This is worse than inMarch, when 88.2% of initial work permit applications were processed within 30 days. 

  • 90.5% of asylum seekers received a decision about their initial work permit applications within 60 days in July. This is worse than in March, when 94.5% of initial work permit applications were processed within 60 days.

We also know that work permit renewal delays continue to be a serious problem. We will continue to keep you updated on this page with the most recent data we receive.

August 12, 2026 Updates

ASAP member win: asylum fee does not apply to CAT and withholding of removal 

Thanks to ASAP members’ advocacy, asylum seekers do not have to pay an asylum fee to apply for withholding of removal or protection under the Convention Against Torture (CAT). This is a major win! Previously, some immigration judges were incorrectly rejecting CAT and withholding applications and giving people deportation orders for failure to pay this fee. Now, immigration judges are not allowed to do this. 

In 2025, ASAP members filed a lawsuit against the immigration courts about several problems with the annual asylum fee. In the lawsuit, ASAP argued that the annual asylum fee applies only to applications for asylum, not to related forms of protection: withholding of removal and CAT. The Board of Immigration Appeals (BIA) then decided to consider this issue, and asked for organizations and lawyers to submit their opinions. On June 24, 2026, ASAP submitted our opinion to the BIA in a legal document called an “amicus brief.” On July 24, the BIA agreed with ASAP members! You can read the BIA’s decision here: Matter of L-F-R-. 

This means that immigration judges are NOT supposed to order someone’s deportation (removal) based only on failure to pay the annual asylum fee. The judge can dismiss an asylum application for failure to pay the fee, but they still have to consider any related applications for withholding of removal and CAT protection that are part of the same Form I-589. If you believe your application for CAT or withholding of removal has been dismissed incorrectly, please email us at [email protected].  

As a reminder: If your case is in immigration court and your asylum application has been pending for more than 1 year, an immigration judge can charge the annual asylum fee at any time. Even if you have not yet received an order from an immigration judge, you can pay the fee now. Read more about the annual asylum fee. 

ASAP members win temporary protection for people who missed their USCIS annual asylum fee payment deadline

ASAP members won a temporary victory this month in our annual asylum fee lawsuit against USCIS. For the time being, USCIS cannot impose penalties on asylum seekers who fail to pay the annual asylum fee by the deadline. But, USCIS can still charge the fee, and USCIS will likely impose penalties in the future. 

ASAP members have argued that USCIS should not be able to impose harsh penalties for not paying the annual asylum fee, including immediately terminating work permits and rejecting asylum applications. The judge agreed with ASAP members and said that USCIS cannot currently impose penalties for people who missed the payment deadline – even though USCIS can still charge the fee.  

The judge paused these penalties for the first time on July 21 and then continued the pause in a second decision on August 5. The pause on penalties is temporary and could change in the future.

In the meantime, USCIS can still charge the annual asylum fee. It is still important to check every week to find out if your annual asylum fee is due! Read our annual asylum fee page for details about how to pay the fee.  

We are also aware that many people have been surprised to learn that their annual asylum fee payment period has expired at USCIS. We are sorry, and we will update the annual asylum fee page if we find a way for people to pay the fee in this situation. If USCIS takes an action such as ending your work permit or asylum case, please email us at [email protected]. 

30-day initial work permit processing is the law again, thanks to ASAP members! 

In May 2026, the government removed the requirement that USCIS must process initial work permits based on seeking asylum within 30 days. They did this without even informing the public of the change. 

ASAP members fought back. More than 500 members answered a survey last month about initial work permit delays. More than 90 members said that they had been waiting over 30 days for an initial work permit. More than 100 members said that they would experience financial hardship or emotional problems because of initial work permit delays. 

ASAP included this information from members in our lawsuit, explaining why the 30-day processing change was wrong.

In response, on July 21, USCIS reinstated the 30-day processing requirement!  

This means that USCIS is once again required by law to process initial work permits based on seeking asylum within 30 days. Initial work permits can still be delayed. But thanks to the 30-day processing requirement, USCIS processes initial work permits for asylum seekers much faster than other types of work permits.

Work permit renewal delays continue to be a serious problem 

ASAP recently received updated data about work permit processing from USCIS that shows how serious renewal delays continue to be. 

You can view the historic data from March 2026 here. Even though this data is already a few months old, we are sharing it with you in the interest of transparency. The data shows that as of March 31, 2026, 44,076 asylum seekers have been waiting more than 180 days for their work permit renewal applications to be processed. 

July 9, 2026 Updates

Great news: Supreme Court upholds birthright citizenship!

On June 30, 2026, the Supreme Court decided that babies born in the United States are U.S. citizens, regardless of their parents’ immigration status. Thank you to ASAP members who led the way to protect this right and defend the U.S. Constitution!  

Because the Supreme Court is the highest court in the United States, this is the final decision about the issue. 

For nearly two years, ASAP members fought for birthright citizenship. On January 21, 2025, ASAP members filed the lawsuit CASA v. Trump to stop the Birthright Citizenship Executive Order. ASAP members won important victories: 

  • First to win: In early February 2025, ASAP members' lawsuit was the first in the country to secure a “nationwide injunction” blocking the Executive Order and protecting all babies born in the United States. 

  • First fully certified class: After the Supreme Court limited nationwide injunctions in July 2025, ASAP members took quick action to ensure that no one would ever be subject to the Executive Order. ASAP's case became the first to win class certification — once again protecting all babies born in the United States. 

  • The final word: On June 30, 2026, the Supreme Court ruled in Barbara v. Trump — a related case — that the Executive Order is unconstitutional. ASAP members and staff helped with this case by supporting legal arguments, speaking to the media, and more. Now that the Supreme Court has made its decision, we will work to also get a final decision from the judge in ASAP’s case. That way, multiple courts will all say the same thing: birthright citizenship is guaranteed by the U.S. Constitution. 

Mónica, a mom and ASAP member, put it best: "This is a victory that we achieved for our children so that they can have freedom and their rights.” Thank you to all ASAP members who worked so hard to protect birthright citizenship. We are proud to stand alongside you.

New lawsuit against USCIS challenges the annual asylum fee and work permit changes

ASAP is continuing our fight against the unfair annual asylum fee and related changes. ASAP now has two lawsuits challenging the fee: one lawsuit is against the immigration courts, and the other lawsuit is against USCIS. 

The USCIS lawsuit challenges a new rule that is causing three problems:

  1. The rule created new penalties for not paying the annual asylum fee at USCIS. 

  2. The rule removed the requirement that USCIS must process work permits based on seeking asylum within 30 days – without even informing the public of the change.

  3. The rule will cause gaps in work authorization for some immigrants with Temporary Protected Status (TPS). 

Why did ASAP file a new lawsuit 

In September 2025, thousands of ASAP members voted to file a lawsuit challenging the annual asylum fee, against both U.S. Citizenship and Immigration Services (USCIS) and the immigration court system (called EOIR). ASAP has been fighting that lawsuit, ASAP v. EOIR, ever since. 

On April 29, 2026, USCIS issued a new rule about the annual asylum fee and work permits for asylum seekers and TPS holders. The new rule would have caused complications in our existing lawsuit. Continuing the case against USCIS in the same lawsuit as the immigration courts would have caused major delays. So ASAP chose to focus the original lawsuit on the immigration courts, to try to get a decision in that case faster. On May 26, we dismissed USCIS from the original lawsuit, with a plan to file a new lawsuit against USCIS soon. 

On July 1, we filed the new lawsuit against USCIS, VAM v. USCIS. The new lawsuit challenges the April 29 rule and other issues related to the annual asylum fee at USCIS. Because members had already voted to challenge the annual asylum fee, we did not conduct a new vote before filing this lawsuit. And because the April 29 rule includes changes to work permits, the lawsuit fights back against those changes also. 

Who did we file the lawsuit with

ASAP members filed this new lawsuit alongside members of the National TPS Alliance, the Venezuelan Association of Massachusetts, the Service Employees International Union, and SEIU Local 32BJ. The lawyers on the case are from ASAP, Democracy Forward, and the National Day Laborer Organizing Network. 

ASAP also submitted comments opposing these changes  

Before filing the new lawsuit, ASAP also submitted two comments to the government explaining why the April 29 rule is wrong. The first comment focused on the annual asylum fee and work permit changes for TPS holders, and was submitted with 83 other organizations. The second comment focused on initial work permits for asylum seekers and argued that the government cannot remove 30-day processing without telling the public and without giving people a chance to share their concerns. 

We will keep you updated 

In the months ahead, we will continue to fight the two lawsuits, ASAP v. EOIR and VAM v. USCIS. We will keep you updated on this page. 

You can also find up-to-date information about the annual asylum fee here.

Work permit renewal delays are a serious problem

Our new lawsuit addresses issues with initial work permits, but we know many members are struggling with renewal work permit delays. We have been working to build partnerships with businesses, labor unions, cities, and other organizations who can help raise awareness with the government about delays. We have also been fighting for work permit auto-extensions. We are also working hard to understand what else we can do about this problem.  

ASAP recently received data about work permit processing from USCIS that shows how serious renewal delays are. You can view the historic data from December 2025 here. Even though this data is already out-of-date, we are sharing it with you in the interest of transparency. The data shows that as of December 31, 2025, 44,314 asylum seekers have been waiting more than 180 days for their work permit renewal applications to be processed. 

As a reminder: If you applied to renew your work permit as an asylum seeker before October 30, 2025 and before your work permit expired, your work permit is automatically extended for 540 days after the expiration date printed on the card.

June 16, 2026 Updates

ASAP continues to challenge the annual asylum fee

This month, ASAP continued to advocate against the unfair annual asylum fee. Here are some key updates. 

ASAP mobilized 84 organizations to oppose a new USCIS rule 

On April 29, 2026, USCIS issued a new rule about the annual asylum fee. 

The new rule states that if you do not pay your annual asylum fee within 30 days of receiving notice from USCIS, USCIS will reject your asylum application and immediately cancel your work permit. If you do not have other valid immigration status, USCIS may begin proceedings to deport you. Learn how to check if your fee is due. The new rule will also make it harder for people with Temporary Protected Status (TPS) to work in the future. 

ASAP strongly opposes this rule. We are partnering with the National TPS Alliance (NTPSA) to fight back. NTPSA is a membership organization of thousands of TPS holders and their allies. ASAP and NTPSA submitted a formal comment asking the government to withdraw the rule entirely. In the comment, we shared members’ concerns about the annual fee. For example, we explained that the government has failed to provide clear and reliable notice about when fees are due.

More than 80 organizations joined ASAP and NTPSA and signed the comment! Although the rule went into effect on May 29, 2026, organizations can continue to submit comments expressing concerns about this regulation until June 29, 2026. ASAP is continuing to ask other groups to submit comments this month, including city governments, labor unions, and business groups.

ASAP’s lawsuit against the annual asylum fee is continuing 

ASAP is continuing to sue the immigration courts for their unfair annual asylum fee process. On June 8, ASAP asked the court to make a final decision in the case, by filing a motion for summary judgment. The government has asked the court to dismiss the case, and ASAP is opposing this request.

ASAP is no longer suing USCIS for its unfair annual asylum fee process, but we can file a new lawsuit against USCIS. ASAP's lawsuit originally challenged both the immigration courts and USCIS. After USCIS introduced its new rule on April 29, continuing to sue USCIS would have significantly delayed a final decision. So ASAP chose to focus the current lawsuit on the immigration courts, to try to get a decision faster. 

Members have already voted to challenge the annual asylum fee at USCIS, and we remain committed to fighting for ASAP members’ rights. In a new lawsuit against USCIS, we are able to challenge both the new April 29 USCIS rule and other issues related to the annual asylum fee at USCIS.

We will keep you updated on this page. 

Work permit auto-extension lawsuit is resolved for now 

On October 30, 2025, the government changed its policy and stopped issuing new automatic work permit extensions. If you already received a 540-day extension of your work permit on or before October 29, your extension is still valid. Thanks to ASAP members’ previous advocacy, this auto-extension change is not affecting most asylum seekers yet, but it could in the future. 

Last month, ASAP lawyers filed a lawsuit called Jane Doe v. USCIS, challenging the October 2025 rule. (Jane Doe is not her real name.) Because this lawsuit was filed on behalf of just one person — not on behalf of ASAP members — we did not ask members to vote on it. 

We filed this case to defend Jane Doe’s rights. We also knew we would become more expert in challenging the auto-extension rule. After Jane Doe filed the lawsuit, the government granted her a new work permit, and her case is now over. This was a win for Jane Doe! It was also a win for ASAP, and we are now more prepared to fight the rule in the future if it starts to cause more problems for ASAP members.

May 13, 2026 Updates

ASAP fights for new work permit auto-extensions in court and in the U.S. Congress  

ASAP is fighting for new 540-day work permit extensions! 

For years, ASAP members have told us that work permit renewal delays are a huge problem. In 2022, members came up with an important solution: automatic 540-day work permit extensions. With the auto-extension, if you applied to renew your work permit on time, your previous work permit was extended for 540 days past the printed expiration date. 

Unfortunately, on October 30, 2025, the government changed its policy and stopped issuing new automatic work permit extensions. If you already received a 540-day extension of your work permit on or before October 29, your extension is still valid. While this policy change is not affecting most asylum seekers yet, it has already started to affect other immigrants.

What ASAP is doing in court:

ASAP’s goal is to push the government to issue new permit auto-extensions again – before most asylum seekers are impacted. We know that work permits are extremely important to members. In a recent survey about work permits, members told us that their biggest concerns are future work permit changes and delays. 

Last month, ASAP lawyers filed a new lawsuit to challenge the policy ending work permit auto-extensions. This lawsuit is different from a lawsuit brought on behalf of ASAP members  – because it was filed on behalf of just one person. As a result, we did not ask members to vote on the lawsuit. You can read more about ASAP lawsuits here.

The new lawsuit is called Jane Doe v. USCIS. The lawsuit argues that the government acted unlawfully when it stopped issuing new 540-day work permit extensions. 

What ASAP is doing in Congress:

In addition to the new lawsuit, ASAP is also advocating about this issue in the U.S. Senate. At the end of April, the Senate voted on whether the government should issue new work permit auto-extensions. ASAP and our partners worked hard to explain the importance of auto-extensions to many different Senators. 

Unfortunately, even though many Senators voted to support new extensions, the vote was not successful. 47 Senators voted in favor of bringing back the 540-day work permit extension, and 50 voted against. Senators from both political parties voted in favor of the 540-day auto-extension – showing that elected officials from both parties care about this issue. ASAP will continue to educate members of Congress about the importance of the 540-day work permit extension.

We will keep you updated about our efforts to secure new work permit auto-extensions for immigrants in the U.S.

New data shows major contributions of asylum seekers to the economy

ASAP knows that access to work permits is one of ASAP members’ top priorities. But ASAP members can’t fight for work permit access alone. 

With that in mind, ASAP launched a new project called WorkPermits.US to partner with the business community to fight for stable access to work permits. Through this partnership, we have educated more than 200 businesses on policy changes impacting asylum seekers and successfully mobilized businesses to submit public comments opposing harmful work permit rules. 

WorkPermits.US also studies how asylum seekers help the U.S. economy. For example, new Harvard Business School research shows that asylum seekers don't just support themselves — asylum seekers raise wages and create jobs for U.S. citizens, too. WorkPermits.US also published a report showing that 2.3 million asylum seekers are performing critical work in every U.S. region and state.

Thank you to the countless ASAP members who have spoken out about the contributions of asylum seekers in the U.S. We have produced this research in response to your suggestions, and we will continue to keep you updated about WorkPermits.US!

You can read more on the WorkPermits.US homepage and data page.

April 29, 2026 Updates

Thousands joined ASAP members in opposing the proposed work permit rule

In our last advocacy update, we shared that ASAP members were leading the fight against the government’s new proposed work permit rule — a rule that would make it nearly impossible for asylum seekers to apply for an initial work permit and make renewals more difficult. You can read more about the proposed rule on this ASAP page.  

Thanks to ASAP members’ advocacy, thousands of people and organizations submitted comments opposing the proposed changes. The comment period closed on April 24, 2026. Here is what happened:

ASAP submitted a comment featuring statements from 512 members

ASAP submitted a comment opposing the proposed rule. The comment reflected the ideas and concerns of thousands of ASAP members who have spoken about work permits over many years. In the comment, ASAP strongly opposed the proposed rule and urged the government to withdraw its proposal.

ASAP’s comment specifically featured 512 anonymous statements from the ASAP members who filled out last month’s survey. Thank you to the ASAP members who took the time to share your thoughts about the proposed rule! 

Thanks to ASAP members’ advocacy, thousands of other people and groups opposed the rule 

ASAP staff shared members' concerns with hundreds of key partners — including businesses, city and state governments, and labor unions — and many of those partners submitted their own comments uplifting what ASAP members shared. 

In total, over 7,100 individuals, businesses, local governments, labor unions, places of worship, and nonprofit organizations submitted comments in response to the proposed rule. 

Here are some of the groups who commented against the proposed rule:

  • 19 U.S. states and the District of Columbia (read here) 

  • More than 200 U.S. mayors and county executives (read here)

  • A previous Director of USCIS and other recent former government officials (read here)

  • The U.S. Chamber of Commerce, the largest membership organization of businesses in the U.S. (read here)

  • The AFL-CIO, one of the largest labor unions in the U.S. (read here)

  • The U.S. Conference of Catholic Bishops (read here) 

  • 30 Members of U.S. Congress and 12 U.S. Senators (read here and here)

  • Dozens of organizations focused on children and families (read here) 

  • The IT Industry Council, which represents companies such as Amazon, Apple, Google, Microsoft, Nvidia, and Visa (read here)

  • And many more – you can read all of the comments submitted in response to the proposed rule here.

When will the government issue a final version of the rule? 

We do not know. The government may decide to issue a final rule in the coming months. The government could also decide not to issue a final version of the rule at all.

Before the government can finalize a rule, the government is required to review and respond to the comments. Thanks to ASAP members’ advocacy, DHS must now review thousands of comments. We do not know how long it will take DHS to review these comments. 

If DHS tries to finalize the rule without adequately responding to every significant concern that they receive, a group or individual could file a lawsuit in federal court. If the lawsuit is successful, a court could prevent the final rule from going into effect. 

ASAP will continue to closely monitor this rule and keep ASAP members updated. 

In the meantime, there is still time to apply for an initial work permit before the proposed rule becomes final. You can apply for an initial work permit 150 days after you apply for asylum. 

Update on processing times for work permits

This month, ASAP received updated information on work permit processing times for asylum seekers.

USCIS is processing 88% of initial work permits in 30 days.

ASAP obtained updated information about processing times for initial work permits through a lawsuit called Rosario v. USCIS. This data is current as of March 31, 2026. USCIS is still processing most initial work permits within 30 days. 

Here are the details:

  • 88.2% of asylum seekers received a decision about their initial work permit within the correct 30-day period in March. This is a little better than in December, when 82.8% of initial work permit applications were processed within 30 days. 

  • 94.5% of asylum seekers received a decision about their initial work permit applications within 60 days in March. That’s a little better than December, when 90.8% of initial work permit applications were processed within 60 days.

Unfortunately, work permit renewal delays are a serious problem.

ASAP recently received data about work permit renewal processing from USCIS. Even though this data is already out-of-date, we are sharing it with you in the interest of transparency. 

In December 2025, USCIS issued a “benefits pause” for 40 countries and stopped processing all work permit renewals for asylum seekers from 40 countries. Since that time, work permit renewal delays have increased very sharply, with hundreds of thousands of applications not being processed at all. 

The data that USCIS recently provided is from the period before the benefits pause was implemented in December 2025. As a result, this data is not representative of today’s facts. You can view the historic data from September 2025 here. At that time, renewal processing delays were already growing large — even before processing stopped entirely for 40 countries.

As a reminder: If you applied to renew your work permit as an asylum seeker before October 30, 2025 and before your work permit expired, your work permit is automatically extended for 540 days after the expiration date printed on the card. 

ASAP members support birthright citizenship at the Supreme Court

On April 1, the U.S. Supreme Court heard arguments about birthright citizenship: the right of all children born in the U.S. to be recognized as American citizens. We expect the Supreme Court to make a decision in this case by early July 2026. In the meantime, all babies born in the U.S. are being recognized as U.S. citizens.

The case at the Supreme Court is not ASAP's case, but ASAP members have continued to defend birthright citizenship in many ways. As we shared last month, ASAP submitted a document called an “amicus brief” to the Supreme Court, which shared member stories and presented legal arguments in support of birthright citizenship. We also helped organize other groups to submit amicus briefs as well. 

ASAP members have also continued to speak out to the media, including in CNN, Time, The Washington Post, HuffPost, and OSV News. Through this work, ASAP is building bridges with faith groups and working to educate the public about why this right matters.

Whatever the Supreme Court decides, ASAP will keep fighting for immigrant families and their children's futures. 

Learn more about birthright citizenship and the related lawsuits.

March 4, 2026 Updates

Thank you to 1,500+ members who shared your work permit concerns

In December, we asked members to tell us what immigration policies they care about most, and members told us that work permits continue to be their top priority. 

Last month, we asked members to tell us more about their work permit concerns. More than 1,500 members responded to our work permit survey. Thank you to every member who took the time to share your concerns! Thanks to you, we now know what issues to focus on in our work. 

A majority of members said they were worried about future changes to work permit rules.

A majority of the members who responded to the survey (53%) told us that their work permits are okay for now, but they are worried about future changes to work permit rules. One member said, “My biggest concern is that they stop the issuance of work permits or that they change the rules to make it harder, which will, of course, affect my ability to keep my job.”

Shortly after we surveyed members, the government proposed new changes that would make it harder to receive work permits in the future. Based on the high level of member concerns, we are now leading a major campaign against the proposed work permit changes, and members who are interested can help by sharing your thoughts.

Many members also said they were worried about losing their jobs and delays.

26% of members who responded to the survey told us they had lost a job because of their work permit, or could lose a job very soon. 19% said that their current work permit might expire before they receive a new work permit. 19% said their initial work permit is delayed. One member said, "There are many people like me who lost their job because their work permit expired or was denied. My hope is for every immigrant to get a chance to live and have access to work freely."

ASAP is very concerned about members losing their jobs and about work permit delays. We have been working to build partnerships with businesses, labor unions, cities, and other organizations who can help pressure the government about these issues. Through these partnerships, we have already successfully defended the ability of many asylum seekers to remain in the workforce. 

We have mobilized partners to ask the government to issue new 540-day automatic work permit extensions if work permit renewal applications remain pending. We are also mobilizing employers and others to speak out to the press about the harm experienced by local communities when immigrants fall out of the workforce. 

If you are an ASAP member and you have questions about your work permit, you can send your questions to [email protected] and our team of expert lawyers will respond. 

Very few members said they were not concerned about their work permits at all.  

Only 6% of members who responded to the survey said they were not concerned about their work permit. 

At ASAP, we will continue to work as hard as we can to protect work permits for asylum seekers. Thank you again to everyone who completed the survey, and to all of you for being part of the ASAP community.

ASAP members lead the fight against the new proposed work permit rule

ASAP is fighting to stop the government from making it harder for asylum seekers to get work permits. On February 23, the Department of Homeland Security (DHS) proposed major changes to work permits for asylum seekers. The proposed rule is not final, which means it is not currently the law. The rule will be finalized sometime after April 24, 2026. ASAP strongly opposes the new proposed rule. 

ASAP is launching a campaign against the proposed rule.

This month, ASAP launched a campaign to pressure DHS not to finalize the proposed rule. From February 23 to April 24, 2026, DHS is accepting “comments” from individuals and groups who want to share their opinions about the rule. 

By law, DHS must read and respond to all of these comments before they can finalize the rule. It is important that many groups and individuals submit comments for the following reasons: 

  1. The government may choose to remove certain harmful proposals if many groups express similar concerns.

  2. The final rule could be delayed if the government needs more time to respond to many different concerns.

  3. A court could prevent the final rule from going into effect if the government fails to respond to every concern.

ASAP is asking many groups to comment on the proposed rule. For example, last week, more than 120 people from more than 80 nonprofit organizations, labor unions, and local government offices met to discuss how to comment against the proposed work permit rule. ASAP explained the proposed changes and asked everyone to comment. We are grateful that so many groups and individuals are planning to advocate against this proposal. 

ASAP is also educating business owners about the proposed rule and asking them to comment.  

ASAP will include members’ thoughts in our comment against the proposed rule.

ASAP will also write and submit our own comment opposing the proposed rule. ASAP’s comment will feature ASAP members’ concerns about this proposed rule. You can include your thoughts in ASAP’s comment by filling out this survey. ASAP will include members’ thoughts anonymously (without your name) in our comment.

If you prefer to not be anonymous or you would like to submit a comment to DHS directly, you can submit your comment online on this government webpage. Here are things to know: 

  • Comments are public. To protect your privacy, you can limit the amount of personal information you include in your comment. 

  • Comments must be submitted in English or with an English translation. 

  • Comments must include the code DHS Docket No. USCIS-2025–0370 in the text of the comment. 

  • Comments are due on April 24, 2026, before 11:59 pm Eastern Time. 

ASAP gets asylum seekers’ stories to the Supreme Court on birthright citizenship

The U.S. Supreme Court is currently considering whether the Executive Order trying to limit birthright citizenship for children of immigrants is legal. We believe it is not. 

There are multiple lawsuits about birthright citizenship, and the case that the Supreme Court is considering is called Barbara v. Trump. This is not ASAP’s lawsuit, but we are still working hard to defend birthright citizenship. 

In February, ASAP and many other groups told the Supreme Court why the Birthright Citizenship Executive Order is illegal, against the U.S. Constitution, and wrong. ASAP submitted our arguments in a document called an "amicus brief." Our brief explains how the Birthright Citizenship Executive Order would impact asylum seekers and their children if the Court allows it to go into effect. Right now, the Executive Order is not in effect, and the government is required to recognize the U.S. citizenship of all babies born in the United States. 

ASAP’s brief includes stories from ASAP members, and explains how this Executive Order could harm asylum seekers and other immigrants who have built their lives in the United States. We want the Supreme Court to hear the experiences and perspectives of ASAP members and show what is at stake for families seeking safety and stability. 

The Supreme Court will hear oral arguments on April 1, 2026, and will probably make a decision after that, before early July 2026. You can read more about birthright citizenship here.

February 4, 2026 Updates

A judge ended the pause of the annual asylum fee, but ASAP’s lawsuit continues

Unfortunately, on February 2, 2026, the judge in ASAP members' lawsuit ended the pause on the annual asylum fee. This means that USCIS and immigration courts can require the annual asylum fee again. 

ASAP members won the fee pause in October 2025 because of serious problems with the way the government was implementing the annual asylum fee. In January, the government said they fixed the problems and asked the judge to end the fee pause. ASAP members are still experiencing problems with the fees, so ASAP told the judge that the fee pause should continue. Unfortunately, the judge agreed with the government and decided to end the fee pause on February 2. 

Even though the judge has ended the fee pause, the lawsuit is not over. For example, ASAP is still arguing that even if the annual asylum fee applied to asylum claims, it should not apply to claims for Withholding of Removal, which should be automatically included anytime someone submits a Form I-589, or to claims for protection under the Convention Against Torture. Please contact ASAP at [email protected] if you had a case in immigration court and you received a removal order due to failure to pay the annual asylum fee, without the judge considering your claim for Withholding of Removal or protection under the Convention Against Torture.

ASAP will continue to fight this lawsuit, and we will keep our lawsuit page updated. You can also read our fee page to learn how to know if your annual asylum fee is due and how to pay.

Please share your work permit concerns

In December, you told us that work permits are your top priority. We are now hoping to learn more about your biggest concerns with work permits so we can focus our work in those areas. 

Please fill out this survey by February 10.  Thank you for taking the time to share your thoughts with us and for being part of the ASAP community!

January 13, 2026 Updates

Thank you to 3,000+ members who shared what policies are most important

Last month, we asked members to tell us what issues they care about most, by filling out a quick survey. More than 3,000 members responded. Thank you to everyone who shared their opinions! We will use this information to guide our work.

The top two issues identified by members were (1) work permits and (2) detention and deportation. 

First, 83.7% of members said that asylum seekers should be able to get and keep work permits. This was the number one priority in the survey. In the words of one member, “Asylum seekers should be able to legally work while waiting for pending applications so that we can live, and survive here.” Work permits have remained a top member priority for years, based on insights from over 100,000 asylum seekers. 

Second, 83.3% of members said that asylum seekers should not be detained or deported to third countries. As one member said, “Asylum seekers should feel safe to go to their interviews without being scared of possible detention.” 

After that, between 60% and 70% of members said the following four issues were important to them: asylum cases should be processed instead of paused; it should be possible to win asylum without extremely strict standards; your specific country of origin should not prevent you from winning immigration status; and if you have won asylum or another immigration status, it should not be taken away.

ASAP will use these responses to guide our work. 

ASAP has been focused on access to work permits for a long time, based on members’ longstanding priorities. You can find more than 30 questions and answers about work permits, and read about some of our recent work permit advocacy below. Based on this survey, we will continue this work and also find new ways to fight to protect work permits.  

Based on the survey results, we will also prioritize issues related to detention and deportation to third countries – both through creating resources and supporting advocacy efforts. We have already added updated information about deportation to third countries and detention to our website. And we will continue to share more information about policies and advocacy efforts related to these issues. 

Again, we are so grateful to every member who took the time to fill out the survey. Thank you all for being a part of the ASAP community.

ASAP works with businesses to protect access to work permits 

As part of ASAP’s strategy to defend access to work permits for asylum seekers, ASAP works with businesses to speak out about the importance of keeping asylum seekers in the workforce. 

For example, in December, ASAP worked with business groups to tell the U.S. government to make it easier for asylum seekers to access and renew their work permits. Business groups asked the government for quicker processing times and steady access to work permits. They shared how important asylum seekers are to the U.S. economy and workforce. 

We were excited that some of the largest business groups in the United States chose to speak out: the U.S. Chamber of Commerce (the largest membership of employers), the Critical Labor Coalition, the National Association of Manufacturers, and the National Association of Wholesaler-Distributors. We hope the government will listen to these business groups, and that their advocacy will make a difference. 

Also in December, ASAP worked with business leaders to speak out in the media about how recent work permit changes are harmful for businesses. You can read one of the many media articles that came out of this work.

In the months ahead, ASAP will continue to work with businesses and the work permit coalition to fight for access to work permits, and we will keep you updated on this page.

Update on processing times for initial work permits

This month, ASAP obtained updated information about processing times for initial work permits through a lawsuit called Rosario v. USCIS. This data is current as of December 31, 2025. 

Initial work permit processing times improved significantly since the last report from October.  However, USCIS processed fewer initial work permit applications in November and December than in October. 

Here are the details: 

  • 82.8% of asylum seekers received a decision about their initial work permit within the correct 30-day period in December, and 81.6% received a decision within 30 days in November. These two months were much better than in October, when 51.6% of initial work permit applications were processed within 30 days.

  • 90.8% of asylum seekers received a decision about their initial work permit application within 60 days in December, and 87.2% received a decision within 60 days in November. These two months were much better than October, when 64.1% of initial work permit applications were processed within 60 days. 

  • Even though processing delays improved in November and December 2025, fewer total asylum seekers received decisions on their applications compared with previous months. In December, only 50,410 asylum seekers received a decision on their initial work permit applications, and 89,148 asylum seekers received a decision in November. This is a large decrease from the 121,341 asylum seekers who received a decision in October. 

ASAP will continue to advocate for USCIS to fix processing delays and to process more work permit applications.

December 3, 2025 Updates

Initial work permit delays have increased 

This month, ASAP obtained updated information about processing times for initial work permits through a lawsuit called Rosario v. USCIS. Unfortunately, processing delays significantly increased in October. But USCIS processed more initial work permit applications in October than in September. 

Here are the details: 

  • 51.6% of asylum seekers received a decision about their initial work permit within the correct 30-day period in October. This is much worse than in September, when 75% of initial work permit applications were processed within 30 days.

  • 64.1% of asylum seekers received a decision about their initial work permit application within 60 days in October. This is much worse than September, when 84.1% of initial work permit applications were processed within 60 days. 

  • Even though processing delays increased in October 2025, 121,341 asylum seekers received a decision on their initial work permit applications. This is a large increase from the 72,856 asylum seekers who received a decision in September. 

ASAP knows that work permit processing delays are unacceptable. In the coming months, we will continue to advocate for USCIS to fix these processing delays.

ASAP is advocating for automatic work permit extensions

The government has stopped issuing new automatic work permit extensions for people applying to renew their work permits on or after October 30. But if you already received a 540-day extension on or before October 29, your extension is still valid! 

ASAP is leading a campaign asking the government to start issuing new automatic work permit extensions again – because we know many ASAP members could be impacted by this change in the future, even if they are not impacted today. 

As part of this campaign, ASAP submitted a document called a “comment” asking the government to bring back the work permit autoextension. ASAP’s comment included information from ASAP members. Some members described how the autoextension has made a positive impact on themselves and their families, and others explained how they lost their jobs before the 540-day autoextension was created. 

ASAP also worked with members of the work permit coalition, including nonprofit organizations, city and state governments, labor unions, and the business community to support them to submit their own comments. These groups also asked the government to start issuing new work permit autoextensions again.

In the end, 653 comments were submitted in response to the rule! These comments can be important to show many different perspectives about the rule. If the government does not respond to the different concerns expressed in the comments, a court may stop the government from implementing the rule in the future. 

We will keep you updated on this page.

200+ groups join ASAP’s Work Permit Coalition

Over 200 local government offices, labor unions, and nonprofit organizations have now joined ASAP’s coalition to protect access to work permits. As the situation becomes more difficult for immigrants, we are grateful to welcome new partners who care about keeping immigrants in the workforce.

ASAP started the work permit coalition in 2023. ASAP works with the coalition to raise awareness about ASAP members’ concerns and to share ASAP members’ ideas on how to protect access to work permits. In two years, the coalition has grown to include representatives from cities and states across the U.S., labor unions, and nonprofit organizations. Together, the 200 groups in the coalition are fighting to protect access to work permits for asylum seekers and other immigrants.

October 31, 2025 Updates

Judge agrees with ASAP members and pauses annual asylum fees!

In early October, ASAP members filed a lawsuit challenging the unfair new annual asylum fees. In response, the judge agreed with members that the government process is inadequate. As a result, the judge put a temporary pause on the annual asylum fee at USCIS and a temporary pause on the annual asylum fee in immigration court. (If the pause ends, we will update those pages right away.) The immigration courts also created a way to pay the fee for the first time. 

These wins are thanks to ASAP members!

Update on processing times for work permits

This month, ASAP received updated information on initial and renewal work permit processing times for asylum seekers.  

USCIS is processing 76% of initial work permits in 30 days.

ASAP obtained updated information about initial work permits through a lawsuit called Rosario v. USCIS. This data is current as of September 30, 2025. 

Here are the details: 

  • There has been a steady decrease in the number of applications processed by USCIS since July. In September, USCIS processed 70,712 initial work permit applications, down from 106,136 applications in August, and 164,369 in July. 

  • 76.3% of asylum seekers received a decision about their initial work permit within the correct 30-day period in September. 85.4% of asylum seekers received a decision about their initial work permit application within 60 days in September. 

There are a growing number of work permit renewal applications waiting to be processed. 

ASAP also obtained new information about work permit renewal applications from USCIS. This data is current as of June 30, 2025. 

Here are the details: 

  • In June 2025, 47,330 asylum seekers had been waiting 180 days or more for a decision on their work permit renewal applications. 

  • This is an increase from March 2025, when 32,430 asylum seekers had been waiting 180 days or more for a decision on their work permit renewal. 

We are likely to receive the next report on work permit renewal applications in December. 

In the months ahead, ASAP will continue to fight for access to work permits. We will continue to share updates about work permit processing times on this page. 

October 7, 2025 Update

ASAP members vote to file a lawsuit about annual asylum fees!

This month, we asked ASAP members whether we should file a lawsuit about problems with annual asylum fees. Thousands of ASAP members voted, and more than 93% said yes. We are very sorry that the annual asylum fees have caused so many problems.

In response to the vote, ASAP’s team immediately took action and filed a lawsuit on behalf of members on October 3, 2025. You can read more about the lawsuit and follow updates on this page. 

Thousands of ASAP members also provided information to support the lawsuit – and this information has been incredibly helpful. More than 4,000 ASAP members told us they were confused about when or how to pay the annual asylum fee. More than 3,500 ASAP members reported that their asylum applications had been pending for at least a year. Hundreds of members explained why the fees are a problem and shared their stories.

Together, you decided to challenge the fees. And together, your words, facts, and stories made the lawsuit much stronger. 

We are so grateful to everyone who completed the survey. We do not know if this lawsuit will be successful, but we will fight as hard as we can. 

September 24, 2025 Update

Thank you to nearly 3,000 members who completed ASAP’s survey about work permits! 

In September, we sent out a survey asking members if they were concerned about losing their jobs due to immigration issues.

Close to 3,000 members filled out the survey to tell us about their concerns. We are very sorry that so many members are experiencing these issues. We are doing everything we can to fight to keep asylum seekers in the workforce.

The members who responded to the survey come from 68 countries across 5 continents, and now live in 45 different U.S. states. 333 members told us that they had already lost their jobs because of issues with work authorization, and 1,172 more members told us they were worried about losing their jobs soon.

One thing is clear from the survey results: asylum seekers are contributing to nearly every sector of the workforce, in communities across the United States. Members reported working in a wide range of jobs. We heard from a nurse, a construction project manager, a nail technician, a community college professor, a baker, a software engineer, a nanny, an insurance agent, a truck driver, and many, many others. And we know this is only part of the picture, because many asylum seekers work in different types of jobs in the U.S. (either temporarily or permanently) than they did before they came to the U.S.

Of the 2,870 members who filled out the survey, 1,100 people expressed interest in sharing their story with ASAP’s staff. We are amazed at the number of members who are willing to speak with us. We will be reaching out to these members in the coming weeks, but due to capacity constraints, we are sorry to say that we will not be able to speak with everyone.

We are so grateful to every member who took the time to fill out the survey. Thank you all for being a part of the ASAP community. 

September 8, 2025 Updates

ASAP continues to get more information about USCIS asylum dismissals

ASAP is continuing to fight for more information about why some asylum seekers have received letters from USCIS dismissing their asylum applications. 

ASAP is trying to get more information in two ways. First, we are speaking directly to ASAP members and immigration lawyers. We have spoken to 106 asylum seekers, or their attorneys, who received dismissal letters this summer. Second, ASAP filed a lawsuit to try to force the government to share information, using a law called the Freedom of Information Act.  

Through these efforts, we hope to learn useful information that we can share with members, for example, who is receiving these letters and what can be done in response. Read what we have learned so far.

If you received a letter dismissing your USCIS asylum case, you can email us at [email protected] with questions. ASAP cannot become your lawyer but we will do our best to answer your questions. We also encourage lawyers to email us at [email protected] if they represent someone who has received one of these letters.

The Asylum Seeker Advocacy Project (ASAP) aims to provide factual information about current immigration laws. This information is not legal advice.

All legal content is written and legally reviewed by ASAP’s team of expert immigration lawyers. ASAP’s expert lawyers have decades of experience in immigration law and litigation. Collectively, they have won hundreds of cases. Our lawyers are admitted to the Bar in several U.S. states, hold law degrees from universities including Harvard, Yale, and UCLA, and have won multiple awards for their legal work.