The U.S. Department of Homeland Security (DHS) has introduced a regulatory proposal that could significantly limit the acquisition and renewal of work permits for certain groups of immigrants who can currently access them through discretionary categories.
The measure, which has not yet come into effect, is in a public comment period The 60-day strike, which began on June 5, has generated concern among immigrant rights advocates and affected communities.
Immigration lawyer Yesenia Polanco, from Polanco Law, explained to Enlace Latino NC The proposal seeks to tighten the criteria that the United States Citizenship and Immigration Services (USCIS) uses to approve employment authorization applications based on administrative discretion.
Proposed changes
According to the lawyer, some people can currently apply for work permits in categories that depend on the government's discretionary determination. With the new rule, USCIS would have to evaluate additional factors before approving or renewing such authorizations.
“Among the factors that DHS proposes to consider are economic need, humanitarian reasons, criminal history, compliance with immigration laws, and other elements related to public safety,” Polanco said.
The proposal would expand the verification and evaluation requirements for numerous applications, which could make it more difficult to obtain or maintain employment authorization.
The proposal introduces stricter scrutiny of criminal history, stating that arrests, convictions, or evidence of links to gangs or terrorism would generally disqualify applicants, unless there is a compelling public interest, such as cooperation with law enforcement.
Furthermore, it considers reduce the duration of many permits to a maximum of one year and require that those applying for renewals work for employers registered in the federal E-Verify system.
Learn more about deferred action
Deferred action is an administrative discretion of the U.S. government that temporarily pauses the deportation process for an undocumented immigrant. While it does not grant permanent legal status, it allows the person to remain in the country and apply for a work permit. This measure is granted on a case-by-case basis.
Who would be affected?
According to Polanco, the regulation would primarily impact immigrants who are currently able to apply for work permits due to discretionary benefits, such as those who received humanitarian paroleDeferred action, except for DACA, or those who remain in the country under a supervision order following a final deportation order.
DHS data indicates that 978,308 employment authorization applications were processed in the affected categories during fiscal year 2024, including:
- 792,130 applications related to humanitarian parole.
- 153,154 deferred action requests.
- 33,024 applications linked to expulsion orders.
Polanco clarified that the proposal would not automatically eliminate existing permits. However, he warned that those who currently hold a valid employment authorization could face difficulties when it comes time to renew it if they do not meet the new criteria.
DHS work permits, known as Employment Authorization Documents (EADs), are requested from USCIS by submitting the Form I-765These permits allow eligible immigrants to work legally in the country.
It's not a definitive rule yet.
The specialist stressed that the proposal is in a preliminary stage and that there is still a possibility that it will be modified.
“This regulation has not yet gone into effect. Under federal administrative procedure, agencies must publish proposed regulations and allow the public, organizations, lawyers, businesses, academics, and affected individuals to submit written comments,” he explained.
For the next 60 days, DHS will receive comments both for and against the proposal. The agency will then be required to review and respond to significant arguments before issuing a final rule.
Polanco noted that, after analyzing the comments received, DHS could adopt the regulation as presented, modify some of its components, or even remove parts of the proposal.
Possible effects on the migration system
Polanco said that, if the measure is approved, it would considerably increase the level of discretion of USCIS officers, which could translate into a reduction in the number of immigrants authorized to work legally within these categories.
“For many applicants, obtaining or renewing a work permit would become more difficult and uncertain. From the immigrants’ perspective, this could lead to longer periods without work authorization, loss of income, and greater economic dependence on family members or sponsors,” he warned.
Furthermore, from an administrative perspective, USCIS would have to conduct more complex, case-by-case analyses, which could result in longer processing times and an increase in litigation challenging work permit denials.
Economic impact
The proposal has generated concern among experts and immigrant advocacy organizations, who believe that restricting work permits could increase the economic vulnerability of those affected and force them to resort to informal labor markets.
“Threatening the work permits of tens of thousands of legal workers would create and exacerbate problems for businesses, communities, and the American economy. This rule would further restrict legal immigration and could exacerbate labor shortages, disrupt economic stability, and hinder growth in sectors that rely heavily on immigrant labor,” said Jennie Murray, president of the National Immigration Forum, in a release.
The DHS itself estimates that the proposal could generate economic impacts of between $9,100 billion and $27,900 billion over the next ten years, due to the loss of income for affected workers, higher administrative costs, and possible difficulties for companies to fill vacancies.
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A more restrictive trend
Polanco pointed out that this proposal differs from another proposal submitted by the DHS in February 2026 to restrict work permits for asylum seekers. However, he believes both initiatives reflect the same political orientation.
“Both proposals show a trend by the current administration toward a more restrictive interpretation of employment authorization for people who do not have permanent immigration status,” he said.
The lawyer recommended that people who might be affected stay informed and consult with immigration professionals to assess how a potential regulatory change could affect their particular cases.
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