The Department of Homeland Security (DHS) is preparing to close the public-comment period on a controversial proposed rule that would give immigration officers sweeping new discretion to deny or revoke employment-authorization documents (EADs) for Deferred Action for Childhood Arrivals (DACA) beneficiaries. Posted in the Federal Register in early June, the proposal (Docket No. USCIS-2026-0067) would allow U.S. Citizenship and Immigration Services (USCIS) to refuse or terminate an EAD based on an arrest—even one that never led to a conviction—or based on “public-safety concerns” defined only in broad terms. DHS argues that the change is needed to “safeguard the integrity of the DACA program,” but immigrant-rights advocates warn that it could up-end the lives of hundreds of thousands of Dreamers who rely on work authorization to remain employed or enrolled in school. During the 60-day comment period, advocacy organizations such as Aliento, United We Dream, and FWD.us organized letter-writing campaigns and webinars encouraging stakeholders—Dreamers themselves, family members, employers, faith leaders, and educators—to weigh in. According to the Regulations.gov docket, more than 3,800 comments had been filed as of Monday evening. Commenters overwhelmingly argued that the rule creates a back-door way to dismantle DACA without an act of Congress. Employers, meanwhile, warned that the additional uncertainty would disrupt staffing plans and lead to avoidable turnover in critical sectors such as health care and technology. Under the Administrative Procedure Act, DHS must read and analyze every unique submission before issuing a final rule. Practically, that means the agency will need weeks—and likely months—before it can publish a final regulation. Litigation is almost certain; several immigrant-advocacy groups have already signaled that they will sue on equal-protection and due-process grounds if the discretionary arrest bar is adopted without narrowing language. For multinational employers, today’s deadline is a final chance to highlight the economic stakes. Companies with large DACA workforces are being advised to submit comments that translate lost EADs into lost productivity, retraining costs, and project delays. If the rule is finalized as written, HR and mobility teams should prepare for more frequent Requests for Evidence (RFEs) on DACA renewals and should consider contingency planning—including alternative visa categories—for employees who may suddenly find themselves out of status. The next key date is October 3, when DHS is expected to publish a summary of the comments. From there, the agency will decide whether to narrow, withdraw, or finalize the proposal. Mobility managers should track that timeline closely and brief impacted employees well ahead of any effective date the final rule sets.
