This joint resolution nullifies the final rule issued by the Department of Homeland Security titled Increase of the Automatic Extension Period of Employment Authorization and Documentation for Certain Employment Authorization Document Renewal Applicants and published on December 13, 2024. This rule makes permanent the increase of the automatic extension period from 180 days to 540 days for expiring employment authorization documents. The extension applies to eligible noncitizens who renew these authorizations on time.
Impact
This resolution, if passed, would alter the existing process surrounding employment authorization, leading to potentially negative ramifications for those reliant on EADs to work legally in the U.S. The disapproval of the DHS rule may create a sense of urgency among renewal applicants to complete all necessary documentation in a shorter duration, which could, in turn, affect job security and employment continuity for many. It will also likely impact the legal employment landscape by reinforcing barriers for undocumented individuals seeking to stabilize their employment situations.
Summary
HJR23 is a joint resolution disapproving a rule submitted by the Department of Homeland Security (DHS) concerning the increase of the automatic extension period for Employment Authorization Documents (EADs) for certain renewal applicants. The resolution indicates a legislative pushback against DHS's attempt to provide more prolonged employment opportunities for individuals whose work permits are under renewal, thus aiming to ensure a stricter adherence to the renewal process. If enacted, the bill would prevent the rule from taking effect, effectively shortening the timeframe in which individuals must secure their employment authorizations.
Contention
The proposal is expected to spark significant contention in legislative discussions. Proponents may argue that the disapproval aligns with a broader agenda aimed at tightening immigration controls and ensuring that employment opportunities are reserved for individuals with fully compliant work statuses. Conversely, opponents are likely to contend that the resolution undermines humane treatment of workers in transitional phases and could exacerbate labor shortages in certain sectors that depend on immigrant workers with EADs. Additionally, there may be concerns regarding due process and the potential for increased bureaucracy in the application process.
Related bill
A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Homeland Security relating to "Increase of the Automatic Extension Period of Employment Authorization and Documentation for Certain Employment Authorization Document Renewal Applicants".
To amend the Immigration and Nationality Act to provide that employment authorization is only available to aliens who are lawfully present in the United States, and for other purposes.
To amend the Immigration and Nationality Act to eliminate the annual numerical limitation on visas for certain immigrants, to require the Secretary of Homeland Security to grant work authorization to certain immigrants with a pending application for nonimmigrant status under such Act, and for other purposes.
Legal Workforce Act This bill directs the Department of Homeland Security (DHS) to create an electronic employment eligibility confirmation system modeled after and to replace the E-Verify system, which allows employers and recruiters to verify the immigration status of individuals. The bill also mandates the use of such a system, where currently only some employers, such as those with federal contracts, are required to use E-Verify. The bill specifies documents that can establish an individual's identity and employment authorization. During the period starting when a job offer is made until three business days after hiring, the individual must attest to his or her employment authorization, and the employer or recruiter must attest that it has examined the individual's required documents. Employers shall reverify certain types of employees who were not previously verified using E-verify. The Social Security Administration shall notify employees if their Social Security number has been used multiple times in an unusual manner. DHS shall establish programs for blocking and suspending misused numbers. Employers that are required to use the verification system shall not be liable for any employment-related action based on a good-faith reliance on the information from the system. The bill establishes a phased-in participation deadline for different categories of employers, including agricultural employers. The bill increases civil penalties related to hiring individuals without work authorization. It also preempts state laws relating to hiring and employment eligibility verification, but states may use their authority of business licensing to penalize employers for failing to comply with the bill's provisions.
To amend the Servicemembers Civil Relief Act to provide for the automatic extension of residential leases during the deployment of the lessee, and for other purposes.