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Original Date Announced
June 5, 2026DHS issued a Notice of Proposed Rulemaking (NPRM) to limit and clarify eligibility for discretionary employment authorization for three categories of noncitizens: (1) noncitizens paroled into the United States temporarily for urgent humanitarian reasons or significant public benefit, (2) noncitizens who have been granted deferred action, and (3) noncitizens subject to a final order of removal who are temporarily released from custody on an order of supervision (including those granted withholding of removal and protection under the Convention Against Torture (CAT).
Under the proposed rule, noncitizens in these categories must establish economic necessity for employment and show that they warrant a favorable exercise of discretion. When applying for a renewal or subsequent Employment Authorization Document (EAD), such individuals must be employed or seek employment with an employer participating in E-Verify.
Under the proposed rule, all applicants who must apply for employment authorization in order to be permitted to work (8 CFR 274a.12(c)) must submit biometrics and undergo enhanced background screening, and absent significant countervailing public interests, EADs should generally not be granted as a matter of discretion to individuals who have been arrested, charged, indicted, or convicted of a criminal offense; who admit to committing certain violent or dangerous crimes; or for whom there is evidence of gang or terrorist organization membership. This discretionary presumption applies to EADs issued to DACA recipients, bona fide applicants to T and U nonimmigrant status, and people waitlisted for U nonimmigrant status.
The rule would also eliminate work authorization eligibility for individuals with final orders of removal who are released under orders of supervision, except where DHS determines that removal is impracticable because no country has issued the necessary travel documents. It would further shorten the validity period of discretionary EADs to no more than one year and add automatic termination conditions.
Comments are due August 4, 2026.
Trump 2.0 [ID #2296]
2026.06.05 DHS - Clarification of Discretionary Employment Authorization for Certain AliensCurrent Status
NoneOriginal Trump Policy Status
Status: ProposedTrump Administration Action: RuleSubject Matter: Employment VerificationAgencies Affected: USCISAssociated or Derivative Policies
Documents
Trump-Era Policy Documents
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