Illinois Attorney General Kwame Raoul, along with 15 other attorneys general, has formally opposed a new interim final rule from the U.S. Department of Homeland Security (DHS) that ends the automatic extension of Employment Authorization Documents (EADs) for up to 540 days for eligible workers who have filed timely renewal applications. The coalition submitted comments criticizing the change, arguing it could result in job losses for immigrant workers and negatively impact state economies.
“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.”
The automatic extension policy was first implemented by DHS in 2016 to address ongoing processing backlogs by providing a 180-day extension after an applicant filed a renewal application. This period was later expanded to 540 days due to increased delays caused by factors such as the COVID-19 pandemic and staffing shortages. DHS estimated that between 306,000 and 468,000 employment authorizations would have expired without this rule.
On October 30, DHS issued an interim final rule ending these automatic extensions for pending EAD renewals. The agency cited security concerns but did not provide evidence that renewing work authorization for already-vetted immigrants posed any safety risks.
Raoul and his counterparts argue that removing the automatic extension will lead to gaps in employment authorization while DHS continues to face significant processing delays—often exceeding six months for asylum seekers and even longer for other groups. They claim this will harm immigrant workers’ health, food security, housing stability, and access to employer-sponsored health insurance. Additionally, they warn it could reduce tax revenue and residents’ spending power while increasing healthcare costs and demands on state-funded nonprofits.
The attorneys general also assert that DHS’s immediate implementation of the rule violates administrative law by not allowing public comment before enactment.
Joining Raoul in submitting comments are attorneys general from California, New York, Connecticut, the District of Columbia, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, Oregon, Vermont and Washington.