The Trump administration is proposing new limits on discretionary work permits for some immigrants, including people granted parole, deferred action or release from custody under an order of supervision, under a rule that DHS says is aimed at tightening immigration enforcement and protecting U.S. workers.
The proposed rule would require many applicants to show an economic necessity for employment, undergo biometrics screening and, for renewals, work for or seek work with an employer enrolled in good standing with E-Verify. DHS also wants to shorten validity periods for some employment authorization documents to no more than one year and expand the circumstances in which work authorization can end automatically.
Under the proposal, people paroled into the United States for urgent humanitarian reasons or significant public benefit would have to prove both economic necessity and that they merit a favorable exercise of discretion to receive work authorization. For renewals, they would also need to be employed by or seeking employment with an E-Verify participant in good standing.
The rule would apply similar requirements to people granted deferred action, excluding certain categories such as DACA and some T visa-related cases, which DHS says are governed by separate regulations. It would also tighten eligibility for people on orders of supervision by limiting work permits to those whom DHS has determined cannot be removed because countries requested to issue travel documents did not do so.
DHS says it would generally refuse to favorably exercise discretion for applicants who have been arrested, charged, indicted or convicted of a criminal act, who admit to a violent or dangerous crime, or who are linked to gangs or terrorist organizations, unless there are significant countervailing public interests such as assisting law enforcement. The department also says it would consider criminal history even if charges were sealed or expunged, and it would treat some diversion-type agreements as negative factors.
The proposal would require biometrics from applicants seeking discretionary employment authorization, with USCIS using fingerprints, photographs and signatures for identity verification and criminal history checks. DHS says biometrics would also support secure production of employment authorization documents.
DHS plans to cap some discretionary work permits at one year, including those tied to deferred action and orders of supervision, citing the temporary nature of those categories and recent statutory changes affecting parole-based and TPS-related work authorization. The department says the shorter period would help USCIS regularly recheck eligibility and background information.
The rule would also expand automatic termination of work authorization to include cases in which an immigrant receives a final order of removal or the underlying status or benefit, such as parole or deferred action, is denied or terminated. DHS said this would be a faster and clearer process than revocation.
DHS estimates the rule could reduce the number of people eligible for work authorization and create lost earnings for affected immigrants, while also shifting costs to families, nonprofits and other support networks. The department said employers could face turnover costs and possible E-Verify compliance expenses if workers lose eligibility or need to renew under the new rules.
Over 10 years, DHS estimates the proposed rule would impose direct costs of about $9.1 billion to $27.9 billion, with annualized costs ranging from about $920.5 million to $2.9 billion depending on the discount rate used. The agency said the benefits are largely qualitative, including stronger enforcement, reduced incentives to remain in the country after a final removal order and more jobs for U.S. workers.
The notice is a proposal, not a final rule, and DHS is seeking public comment before moving forward. If finalized, the changes would mark a major shift in how USCIS weighs discretion in granting work permits to certain noncitizens.
Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
