Office of the
Illinois Attorney General
Kwame Raoul

Chicago – Illinois Attorney General Kwame Raoul, as part of a coalition of 16 attorneys general, submitted comments opposing the U.S. Department of Homeland Security’s (DHS) interim final rule that eliminates the automatic extension of Employment Authorization Documents (EADs) for up to 540 days for eligible workers who filed timely renewal applications. Now, immigrant workers, including refugees, asylees, and others who have already been vetted to work legally in the United States, may face a gap in their employment authorization – and lose their jobs – because DHS cannot process the renewal application in a timely manner.

“This change will punish workers who have followed all of the rules simply because the Department of Homeland Security has a backlog of renewal applications,” Raoul said. “This new rule puts up to 100,000 Illinois workers at risk of losing their jobs. It will harm state economies and be devastating for people who rely on timely renewals of their work authorization documents to maintain their ability to support their families.”  

DHS implemented regulations in 2016 that automatically extended employment authorization once the applicant filed a renewal application. The automatic 180-day extension aimed to address chronic processing backlogs by giving DHS more time to review renewal applications without unfairly penalizing applicants. This was subsequently expanded to 540 days to address further backlogs caused by the COVID-19 pandemic, a hiring freeze, and an increase in the number of filings necessary to receive work authorization. According to DHS’ own estimates, between 306,000 and 468,000 employment authorizations would have lapsed if not for the rule authorizing automatic renewals. 

On Oct. 30, DHS published an interim final rule ending its policy of automatically extending employment authorization for up to 540 days for those who filed timely renewal applications. DHS already takes more than six months to process many employment authorization document renewals for asylum seekers, and even longer for many other groups.

DHS alleges that the automatic extension “poses a security vulnerability,” yet it provides no evidence that the automatic renewal of work authorization for already-vetted immigrant workers poses any safety threat. DHS’ new rule ends automatic extensions for pending renewal applications even as the agency continues to face serious backlogs and processing delays and shows no plans to address the additional strain this will place on the system.

In their comment letter, Attorney General Raoul and the coalition explain the rule will inevitably lead to job losses and economic instability. They argue it will harm immigrant workers by negatively impacting their physical and mental health, food security, ability to secure stable housing, and access to employer-sponsored health insurance. In addition, the rule will harm Illinois and other states by decreasing tax revenue and the spending power of residents, increasing health care costs, increasing the burden on state-funded nonprofits, and increasing law enforcement challenges. 

The coalition argues that the rule is arbitrary and capricious in violation of the Administrative Procedures Act. They also assert that DHS illegally implemented the rule immediately without giving the public an opportunity to comment.

Attorney General Raoul is joined in sending the letter by the attorneys general of California, New York, Connecticut, the District of Columbia, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, Oregon, Vermont and Washington.