The Sexual Violence Prevention Association (SVPA), along with 52 organizations, submitted an official comment to the Department of Homeland Security (DHS) opposing rule changes that would harm immigrant survivors.
The joint comment, led by Tahirih Justice Center, is part of the official notice-and-comment rulemaking procedure that DHS must complete in order to finalize their proposed rule modifications. If finalized, the proposed rules would extend the waiting period of employment authorization for asylum seekers, preventing them from legally working for a full year. The rule would also add more eligibility requirements, limiting the number of asylum seekers who can find employment. These changes would delay, limit, or block access to legal employment for all asylum seekers, including immigrant survivors.
Many immigrants seeking asylum are survivors of sexual violence, domestic violence, or human trafficking. These survivors are often forced to flee their home countries due to these experiences and they face increased victimization if they return.
According to the DHS Office of Immigration Statistics (OIS), the number of women and girls encountered at the border in 2021 reached record levels. Historically, an increase in the number of migrant women and girls has reflected increasing levels of gender-based violence and broader instability in asylum seekers’ countries of origin.
Employment is vital to survivors seeking asylum. Many survivors arrive in the US without essential resources and support while awaiting adjudication of their asylum-based Employment Authorization Document (EAD) applications. Employment provides survivors with the financial resources needed to obtain safety and stability, as well as the ability to live free from violence.
If DHS’s rule change is implemented, it could cause severe harm to all asylum seekers. Decreasing access to employment increases risks of homelessness and poverty. These risks and harms are especially high for survivors of sexual violence, domestic violence, and human trafficking because homelessness and poverty significantly increase the risk of sexual violence, domestic violence, and human trafficking. In other words, survivors seeking asylum in the United States will face significantly increased risk of re-victimization if this rule is implemented.
Tahirih Justice Center’s joint comment explains that the proposed rule fails to acknowledge that employment authorization is a necessity for survivors. Current regulations require asylum seekers to wait 150 days after filing an asylum application before applying for employment authorization (an EAD). DHS’s proposed regulations would more than double that time period to 365 days.
Preventing survivors from being able to legally work for an entire year puts them in significant danger. Additionally, the proposed rule would strain organizations that assist and advocate for asylum-seeking survivors. These organizations would have limited availability to assist survivors in accessing vital resources and survivors would have fewer options for achieving safety and stability.
“DHS’s proposed rule fails to acknowledge that employment authorization is necessary for stability, safety, and survival,” said Omny Miranda Martone, Founder and CEO of the SVPA.
Joining this comment is the latest in the SVPA’s work preventing sexual violence against immigrants. In March 2026, the SVPA endorsed the Working for Immigrant Safety and Empowerment (WISE) Act. The WISE Act will strengthen existing safeguards for immigrant survivors, ensure their access to protections, and prevent them from being detained or deported for speaking out about their victimization. We also signed a letter to Congress demanding an end to violence and abuse by immigration enforcement. Sexual violence committed by ICE agents is a form of state-tolerated sexual violence. Immigrants in detention centers also experience state-sanctioned sexual violence with frequent and invasive strip/cavity searches.
“At the SVPA, we are committed to preventing all forms of state sexual violence, especially against immigrants who are being increasingly targeted,” Martone said. “We were proud to endorse the WISE Act to increase protections for immigrant survivors. We were proud to join the congressional letter condemning ICE and Border Patrol. Now, we are proud to join Tahirih and 51 organizations urging DHS to protect survivors seeking asylum.
