On June 5, 2026, the Department of Homeland Security (DHS) issued a proposed rule to limit and clarify eligibility for discretionary employment authorization for those “paroled into the United States temporarily for urgent humanitarian reasons or significant public benefit, who have been granted deferred action, or against whom a final order of removal exists and who are temporarily released from custody on an order of supervision.”
DHS further proposes to specify that those applying for work authorization who “admit to committing, have been arrested for, or have been convicted of certain criminal acts do not warrant a favorable exercise of discretion unless there are significant countervailing public interests, which may include assisting law enforcement activity in the United States.”
DHS also proposes to add automatic termination conditions for employment authorization with “triggering events.” The proposed rule will also require that those in certain categories establish their economic necessity for employment and that they warrant a favorable exercise of discretion.
Written comments must be submitted by August 4, 2026.
