The U.S. Department of Homeland Security has proposed a sweeping new rule that would significantly restrict access to discretionary work permits for several categories of non-citizens, including humanitarian parolees, deferred action recipients and individuals with final removal orders.
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The proposed rule, published on June 4, 2026, targets Employment Authorization Documents, commonly known as EADs, and is being framed by the Trump administration as part of efforts to reduce incentives for unlawful immigration, strengthen immigration enforcement and prioritise U.S. workers.
If finalised, the rule would affect hundreds of thousands of non-citizens living in the United States without permanent legal status but who may currently qualify for work authorization under existing discretionary immigration policies.
Under the proposal, applicants would no longer receive work permits automatically or under broad discretionary standards. Instead, they would be required to prove economic necessity before qualifying for employment authorization.
The rule would also introduce tougher discretionary standards, allowing immigration authorities to deny work permits to applicants with criminal records, arrests, pending charges, alleged gang links, security concerns or other issues identified through background screening.
DHS is also proposing mandatory biometrics and expanded vetting for applicants seeking work authorization, with background checks forming a central part of the approval process.
Another major change would affect renewals. Non-citizens applying to renew work permits would be required to work only for employers enrolled in the federal E-Verify programme, a move that could impose additional compliance obligations on businesses and limit employment options for affected workers.
The proposed rule would also shorten the validity period of certain EADs to a maximum of one year, with stricter renewal conditions and possible automatic termination where eligibility ends.
One of the most significant parts of the proposal concerns individuals with final removal orders. DHS seeks to largely eliminate work authorization for most deportable non-citizens released into communities under supervision orders.
Only a narrow category of individuals whose removal is considered impracticable, such as where travel documents cannot be obtained, may remain eligible for work authorization.
The proposal forms part of a broader immigration restriction agenda by the Trump administration. It follows an earlier rule proposed in February 2026, which sought to sharply limit work permits for asylum seekers by tying eligibility to strict statutory processing timelines.
Business groups and employers could also be affected if the rule is implemented, especially in sectors that rely heavily on immigrant labour. Employers may face increased turnover, hiring constraints, reduced workforce availability and greater dependence on E-Verify compliance.
The rule is still at the proposal stage and will undergo a mandatory 60-day public comment period before DHS can move to finalise it.
If adopted, the new policy would apply to future applications and renewals, potentially reshaping access to work authorization for large numbers of non-citizens across the United States.
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