President Joe Biden’s administration is facing criticism for allegedly bypassing the 180-day waiting rule and issuing federal work permits to over 3.3 million illegal immigrants. According to a report by The Post Millennial, many of these permits were granted before the immigrants received asylum, green cards, or any legal documentation allowing them to stay in the country.
The 180-day waiting rule, established in 1996 by the Immigration and Naturalization Service, mandates that asylum seekers must wait six months before applying for work permits. However, the Biden administration has reportedly circumvented this rule through a series of executive actions and new immigration programs.
Don Barnett, a fellow at the Center for Immigration Studies, detailed these actions in a New York Post article, highlighting that the administration has undertaken over 530 immigration-related executive actions, surpassing the previous record set by the Trump administration. Barnett noted that the Biden administration has expanded admission programs or created new pathways for immigration under eight significant programs.
These programs include family reunification initiatives for individuals from countries such as Honduras, Haiti, Guatemala, El Salvador, Ecuador, Colombia, and Cuba. Additionally, there are programs for those from Afghanistan and Ukraine, and a separate direct flight program for individuals from Cuba, Haiti, Venezuela, and Nicaragua. The CBPOne app, which allows foreign nationals to book appointments with U.S. border authorities, is another tool facilitating these admissions.
Barnett reported that as of fall 2023, approximately 2.3 million people had entered the U.S. through these programs. Despite being granted work permits, many of these immigrants may not have lawful immigration status and, therefore, would not be eligible for legal permanent residency or a green card under these programs.
In some instances, individuals receiving parole apply for asylum after obtaining a work permit, effectively nullifying the 180-day wait rule. As of 2023, the Biden administration had issued around 2.139 million work permits, with projections suggesting this number could exceed 3.3 million in 2024.
The controversial move has sparked a heated debate over the fairness and legality of granting work permits to new illegal immigrants before they obtain legal status. Critics argue that this policy disadvantages long-term immigrants who have been working towards legal status. Sam Sanchez, a restaurateur in Chicago, voiced his frustration, saying, “It’s offensive that my employees and other immigrants are being leapfrogged by new arrivals.”
Juan, an immigrant who has been in the country for a long time, echoed this sentiment, stating, “For those of us here a long time trying to do everything right, it’s just not fair that we are forgotten.”
This issue underscores the complexities and contentious nature of U.S. immigration policy, highlighting the challenges faced by the Biden administration as it navigates the legal and ethical considerations of immigration reform.

