The Trump administration has proposed a new rule that would make it harder for some immigrants to obtain legal authorization to work in the U.S. The rule, published Friday in the Federal Register, would affect people with temporary protection to enter the country and not be deported, including immigrants on humanitarian parole and deferred action recipients, including those covered under Deferred Action for Childhood Arrivals (DACA).
What changed
DHS proposes to limit and clarify eligibility for discretionary employment authorization for aliens 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. DHS further proposes to specify that aliens applying for employment 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.
The proposed rule would significantly restrict eligibility for employment authorization for three groups of noncitizens: individuals paroled into the United States for urgent humanitarian reasons, recipients of deferred action, and individuals with final orders of removal. Under the proposed rule, affected individuals would be eligible for employment authorization only if USCIS determines they warrant a favorable exercise of discretion. To qualify, applicants would generally be required to demonstrate economic necessity, submit biometrics for background screening, have no disqualifying criminal history, and show that they are not affiliated with a gang or criminal organization.
USCIS stated, in its executive summary of the proposed rule, that the proposed changes were designed to comply with an executive order President Donald Trump issued in 2025 on the first day of his second term in office, entitled, “Protecting the American People Against Invasion.”
Why it matters
This proposal fundamentally shifts the burden and standard for work authorization in these three categories. Currently, humanitarian parole and deferred action holders may apply for employment authorization with a lower threshold. Under the proposed rule, USCIS would exercise far greater gatekeeping discretion, requiring applicants to prove eligibility on multiple new fronts—economic hardship, biometric clearance, and affirmative disavowal of gang/criminal ties.
For DACA holders renewing work permits, the change means USCIS will scrutinize discretionary factors more heavily. For humanitarian parolees—a category that includes recent arrivals from Ukraine, Afghanistan, and other emergency situations—the new standard could push thousands into unemployment or informality while their cases remain pending.
In FY 2024, USCIS received 978,308 discretionary employment authorization applications in the categories impacted by this proposed rule. DHS noted that this potential impact on up to 978,308 American workers annually. The rule thus carries broad implications for labor markets, employer compliance, and the economic integration of vulnerable populations.
Way forward
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Read the full proposed rule: Visit https://www.federalregister.gov/documents/2026/06/05/2026-11285/clarification-of-discretionary-employment-authorization-for-certain-aliens to review the complete text and executive summary.
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Assess client exposure: If you represent parolees, DACA renewals, or supervisory release beneficiaries, model the new discretionary factors now. Prepare documentation of economic necessity and gather biometric evidence preemptively.
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Submit public comments: Written comments must be submitted on or before August 4, 2026. Organizations and practitioners can file via https://www.regulations.gov or the Federal Register.
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Monitor finalization: The publication of the proposed rule in the Federal Register opens a 60-day public comment period. Plan for implementation once the rule is final; expect potential retroactive application or transition issues.
Disclaimer
This article is not legal advice. Fola is a software company, not a law firm. Always consult a licensed immigration attorney in your jurisdiction before making filing decisions or advising clients. Immigration policy changes rapidly; verify all details against the primary source linked above before relying on this summary in client communications. The rule is still in proposed form and may be modified or withdrawn during the comment period or at finalization.