DHS Proposes New Restrictions on Work Permits for Individuals with Final Removal Orders, and Other Immigrants

The Department of Homeland Security has published a new proposed rule making it more difficult for certain noncitizens to obtain and maintain work authorization in the United States.

The proposal would affect humanitarian parolees, certain recipients of deferred action, individuals with final removal orders, and other noncitizens who currently qualify for Employment Authorization Documents (EADs).

The proposal would also make it more difficult for applicants with criminal histories, arrests, or admissions of criminal conduct to obtain work authorization, unless there are significant public-interest factors that justify a favorable exercise of discretion, such as cooperation with law enforcement.

If implemented, the changes would represent a significant shift away from broad access to employment authorization and toward a more restrictive, discretionary system. Many immigrants who rely on work permits to support themselves and their families could face increased uncertainty.

Key Highlights

DHS’s proposal would impose several major restrictions on work authorization including:

Mandatory Economic Necessity
Applicants would need to prove their economic necessity to qualify for employment authorization and show that they warrant a favorable exercise of discretion.
Stricter Discretion Standards
Work permits may be denied based on criminal history, arrests or pending charges, gang-related concerns, or national security issues.
E-Verify Requirement for Renewals
DHS would also require those applying for renewal of employment authorization to be employed by or seeking employment with an employer who participates in E-Verify.
Biometrics and Background Checks: Applicants would be required to submit biometrics for identity verification and criminal screening.
Shorter Validity Periods
Work permits would generally be limited to one year, with stricter renewal conditions and possible automatic termination.

Individuals with Removal Orders

The proposal would also have a major impact on individuals with final orders of removal by largely eliminating their eligibility for work authorization, except for a narrow group whose removal is impracticable due to lack of travel documents.

Looking Ahead

The proposal has not yet been finalized. The rule is subject to a notice-and-comment period ending on August 4, 2026. After the comment period closes, DHS must review and consider the public comments before deciding whether to issue a final rule. The agency may adopt the proposal as written, revise it in response to feedback, or withdraw it altogether.

Once DHS publishes a final rule, it will specify an effective date.

Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.

Helpful Links

JOIN OUR NEW FACEBOOK GROUP

Need more immigration updates? We have created a new facebook group to address the impact of the new executive orders and other changing developments. Follow us there!