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DHS proposes rule to restrict employment authorization for noncitizens with final orders of removal

  1. Date Announced

    Nov. 19, 2020

    DHS issued a notice of proposed rulemaking to eliminate employment authorization for noncitizens with final orders of removal released from custody on orders of supervision. The proposed rule includes an exception for noncitizens who cannot be removed due to the affirmative denial of travel documents by a country of removal, provided the noncitizen can demonstrate economic necessity based on Federal Poverty Guidelines and meets other requirements. It also clarifies that noncitizens granted withholding of removal and CAT protection are automatically employment authorized. [ID# 1174]

    See Biden administration action below.

    View Policy Document
  2.  
  3. Biden Administration Action

    May 10, 2021

    This Biden administration policy revokes in its entirety the Trump-era policy identified in this entry.

    On May 10, 2021, USCIS withdrew the NPRM of the aforementioned Trump policy.

    2021. 05. 10 DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services, Employment Authorization for Certain Classes of Aliens With Final Orders of Removal; Withdrawal
Status: Proposed
Type of Action: Rule
Subject Matter: Humanitarian
Agencies Affected: ICE USCIS

Prior Policies

  • Under 8 C.F.R. § 274a.12(c)(18), a noncitizen with a final order of deportation or removal who is released on an order of supervision may be granted employment authorization only if the noncitizen cannot be removed due to the refusal of countries to accept them or because the removal of the noncitizen is otherwise impracticable or contrary to the public interest.

    § 274a.12

Biden Administration Action

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