Clarification of Discretionary Employment Authorization for Certain Aliens
This is a proposal open for comment, not a rule in force. It may never be finalised, and it creates no obligation today.
The Department of Homeland Security 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 on an order of supervision. 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, which may include assisting law enforcement activity in the United States.
What this means
- This is a proposal open for comment, not a rule. It changes nothing today, and it may be altered or never finalised. (classification: proposed_rule)
- The document names a closed list: Deferred Action for Childhood Arrivals, Asylum, F-1 academic student. (impact.stated (exhaustive))
- The document states a requirement for the people it covers. The exact wording is quoted above — whether it applies to any particular person depends on facts this platform does not have. (impact.actionRequired)
Derived from this event’s own recorded fields — not written by a model, and not an interpretation of anyone’s case.
Who is affected
This document sets the rule but leaves the specific list of who it covers to a separate government determination. The list is not in this document, so we do not show one here — check the issuing agency's own published list. “It also created an expedited removal process for aliens who do not have proper documents or who make material misrepresentations and who are arriving in the United States, or, as designated by the Secretary, aliens who have not been inspected and admitted or paroled into the United States and cannot prove continuous presence in the United States for at least 2 years.\113\ By passing…”
What the document says may be required
The document states a requirement for those it covers. The exact obligation, and whether it applies to a particular person, depends on the document's own terms — the relevant passage is quoted below.
“DHS also proposes to clarify that all aliens applying for employment authorization under 8 CFR 274a.12(c) must submit biometrics, that an alien's identity must be validated before issuing any employment authorization, and that, generally, situations where aliens have been arrested,\4\ indicted, or convicted of any criminal act, or who have admitted to committing a violent or dangerous crime, or…”
The document publishes a closed list, reproduced here in full. Assembled from the source document, not from anyone's individual circumstances. Whether a change applies to a specific person depends on facts this platform does not have. This is data context, not legal advice.
- This is a PROPOSED rule. It is not in force, may change before finalisation, and may never be finalised.