U.S COMMITTEE FOR REFUGEES AND IMMIGRANTS
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Defending the Right to Work: Why USCRI Called on DHS to Withdraw a Harmful Rule

January 13, 2026

In November 2025, USCRI submitted a comment to the Department of Homeland Security (DHS) to withdraw an interim final rule (IFR) that diminishes the right to work for many immigrants, including those who are in the United States with or seeking humanitarian based protections. Below, we explain why we raised these concerns to the U.S. Government and what is at stake. 

In order to work legally in the United States, many categories of immigrants need to obtain an employment authorization document (EAD), including asylees, humanitarian parolees, and temporary protected status (TPS) holders. EADs are valid for a fixed period of time, up to five years. Up to six months before an EAD expires, immigrants must file a renewal application and pay a filing fee. However, applicants face historic backlogs, and obtaining a renewal EAD often takes more than six months, resulting in lapses of work authorization.  

Over the past decade, the U.S. federal government has recognized its EAD renewal backlog and the negative effect it has had on immigrants, employers, and the U.S. economy. In 2016, DHS provided a 180-day automatic extension for certain immigrants who timely filed a renewal application. In 2024, DHS increased the automatic extension period to 540 days for certain immigrants.  

On October 30, 2025, DHS abruptly ended automatic extensions, ignoring economic data on labor market and employer disruptions it relied on less than a year ago. The IFR prevents local communities from benefiting from economic growth and more dynamic labor markets by making it harder for work-authorized immigrants to remain steadily employed. The positive net impact of allowing authorized work is an effect experienced around the world  

We asked DHS to withdraw this IFR in its entirety. Why did we do this? The IFR will cause unnecessary uncertainty, disruption, and harm to workers, families, employers, and the broader economy. The positive net impact of allowing authorized work is an effect experienced around the world. 

In a comment submitted to the Federal Register, USCRI shared client impact stories on how the IFR will disrupt immigrants’ pathways to self-sufficiency. Without valid, unexpired EADs, immigrants face job loss, delay in securing work, loss of licenses, and decreased access to other educational and financial opportunities. EADs impact more than a person’s ability to work. Even immigrants who have other forms of work authorization may need a valid, unexpired EAD for education, medical, and housing needs. Every age group is impacted.   

At USCRI, we work every day to serve refugees, immigrants, and their communities by ensuring that new Americans are on a path to self-sufficiency. Securing stable and gainful employment is often a major part of self-sufficiency plans. The DHS IFR frustrates those goals and will lead to job loss, delay in securing work, loss of licenses, and decreased access to other educational and financial opportunities. Due to the harm to immigrants, local communities, and local economies, USCRI submitted a comment opposing the IFR. USCRI remains committed to advocating for reasonable and sustainable measures to support the right to work. 

 

Recommended Reading: U.S. Chamber of Commerce’s Comment


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