Overview of the Current Asylum Process

Immigrants seeking asylum in the United States have the ability to file applications for work authorization just five months after their application’s submission. This regulation allows asylum applicants to circumvent lengthy adjudication processes, potentially leading to concerns about exploitation and fraudulent claims.

Work Authorization and Social Security Benefits

Once an asylum application is filed, applicants can obtain work authorization, and subsequently a Social Security number, without having to pay any fees or prove their identities. This situation has raised flags regarding the potential for misuse of the system:

• In fiscal year 2021, 270,000 new aliens received Social Security numbers. This figure dramatically increased to approximately 2.1 million in fiscal 2024.
• The absence of stringent verification processes has led to rampant fraud, potentially allowing ineligible individuals to access various benefits, including driver’s licenses and Medicaid.

Increasing Risks of Fraud

The expedited nature of work authorization approvals has resulted in a surge of fraudulent asylum applications, allowing individuals to capitalize on the system while awaiting their asylum cases—which can take years to resolve. The Department of Homeland Security (DHS) has documented significant increases in applications, and current protocols have not been sufficient to address these issues effectively.

According to recent findings, over 1.3 million aliens were enrolled in Medicaid, and some were even found to be registered voters, further complicating the integrity of the application process.

Proposed Legislative Reforms

To address these concerns, it has been suggested that Congress enact laws to ensure that employment authorization is only granted once an asylum application is approved. Such measures could include:

1. Establishing that immigration applicants cannot receive work authorization until their cases are adjudicated favorably.
2. Requiring financial sponsorship for asylum seekers waiting for their applications to be processed.
3. Implementing anti-fraud initiatives to reduce the volume of ineligible applications.

Improving System Integrity

Efforts are also underway to streamline the processing of valid applications and minimize backlog within DHS and the Justice Department. Proposed measures may include automatic notifications to relevant agencies when an application is denied, ensuring that any associated benefits are promptly revoked:

• Employers, as well as agencies like ICE and Social Security Administration, would be alerted to cease benefits or employment.
• Such steps aim to restore graduates’ faith in the immigration system, safeguarding taxpayer resources for legitimate recipients.