Overview
- The notice of proposed rulemaking would target three groups that receive discretionary Employment Authorization Documents: parole recipients, those granted deferred action (excluding DACA and bona fide T applicants), and noncitizens released under supervision after a final removal order.
- Affected applicants would face new documentary and procedural requirements including a sworn economic-need form (I-765WS), mandatory biometrics, individualized favorable discretionary findings, and a requirement that renewal applicants show ties to employers using E-Verify.
- Work authorizations for the covered groups would generally be limited to one year with periodic reviews, and eligibility for people with final removal orders would be narrowed to those whose deportation is impracticable because no country will issue travel documents.
- The draft expands criminal- and security-based bars by disqualifying people with arrests or charges (even without convictions), admissions of serious crimes, or evidence of gang or terror ties unless a strong public-interest exception applies.
- The proposal is not final: DHS has opened a public comment process and could revise the rule before any implementation, a step that could prompt litigation, increase uncertainty for migrants and require more employers to enroll in E-Verify.