DHS Moves to Sharply Restrict Work Authorization for Parolees, Deferred Action Holders, and Others

The Department of Homeland Security published a sweeping proposed rule on June 5, 2026, that would significantly restrict — and in some cases nearly eliminate — work permit eligibility for three large groups of immigrants: those paroled into the US, those granted deferred action (including DACA recipients adjacent categories), and those with final orders of removal released on orders of supervision. In FY 2024 alone, nearly 1 million people applied for work authorization in these categories. This rule would fundamentally change the standards they must meet.

Key Points

  • What: DHS proposes to add strict new requirements — and near-elimination for one category — for discretionary Employment Authorization Documents (EADs) for parolees, deferred action holders, and people on orders of supervision.
  • Who: Immigrants paroled into the US (c)(11), those granted deferred action (c)(14), and people with final removal orders on orders of supervision (c)(18); roughly 978,000 EAD applicants per year.
  • When: Comments due August 4, 2026; no effective date set — rule is not final.
  • Impact: If finalized, applicants must prove economic necessity, pass criminal history screening, and — for renewals — work for an E-Verify employer, or risk losing work authorization entirely.

What's Actually Changing

Nearly Eliminating Work Permits for People on Orders of Supervision

Under current rules, immigrants with final removal orders who are released from ICE custody on an "order of supervision" (OSUP) — meaning they can't be deported because no country will accept them — can apply for a work permit. DHS now proposes to eliminate this category almost entirely, with only one narrow exception. DHS argues that allowing these individuals to work creates an incentive to avoid deportation.

Stricter Standards for Parolees and Deferred Action Holders

For the other two categories, work permits wouldn't disappear, but they'd become much harder to obtain:

  • Economic necessity required — applicants must now prove they actually need to work. Parolees were previously exempt from this requirement.
  • Discretionary review — USCIS must affirmatively decide that granting a work permit is warranted, rather than treating it as a near-automatic benefit.
  • Criminal history bars — anyone who has been arrested, charged, indicted, or convicted of any crime, or who admits to committing a violent or dangerous crime, is presumed ineligible. Even arrests without convictions count. The only exception: if there's a "significant countervailing public interest," such as cooperating with law enforcement.

E-Verify Required for Renewals

Anyone renewing an EAD in these categories must show they are employed by — or seeking employment with — an employer enrolled in E-Verify, the federal employment eligibility verification system. This adds a new layer of employer compliance into the individual's renewal process.

Biometrics for Everyone

All applicants for discretionary EADs under 8 CFR 274a.12(c) must submit biometrics (fingerprints and photos), and identity must be verified before any EAD is issued.

Automatic Termination Triggers

The proposed rule would also add conditions under which an EAD is automatically terminated — though specific triggering events would be defined in guidance.

How Big Is the Impact?

The numbers are significant. In FY 2024, USCIS received:

  • 792,130 parole EAD applications (c)(11)
  • 153,154 deferred action EAD applications (c)(14)
  • 33,024 orders-of-supervision EAD applications (c)(18)

Total: nearly 978,000 applications. DHS acknowledges these applicants currently rely on their work authorization.

What You Should Do

This is a proposed rule — it is not final and does not take effect yet. However, the stakes are high and the public comment window is limited:

  1. If you are in one of these categories, talk to an immigration attorney now. Understand where your current EAD stands and what a final rule could mean for your renewal.
  2. Submit public comments by August 4, 2026 at regulations.gov, referencing DHS Docket No. USCIS-2026-0067. Your comment is most effective if it references specific sections of the rule and includes supporting data or personal impact statements.
  3. Watch for the final rule. DHS has said changes will only apply to applications filed on or after the effective date of the final rule — meaning existing EADs are not immediately affected.