Attorney General Bonta Opposes Trump Administration’s New Rule Limiting Work Authorization Extensions

OAKLAND — California Attorney General Rob Bonta yesterday co-led a coalition of 18 attorneys general in 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 — will no longer receive an automatic extension of employment authorization documents while the renewal application is pending. DHS already faces significant backlogs in processing renewal applications. This change will leave applicants vulnerable and without the appropriate authorization documents that enable skilled workers to safely contribute to California’s economy. 

“Immigrant workers help fuel California's economic engine,” said Attorney General Bonta. “Let’s be clear: Jamming up employment authorizations for workers who have already been vetted doesn’t make us any safer, and it doesn’t benefit anyone. It’s just another tool for the President to exploit as part of his callous and unrestricted mass deportation agenda. As the golden door of opportunity, California has an obligation to stand with and uphold the humanitarian interests of immigrant workers and refugees — and we will continue to do so.”

The automatic 180-day extension of employment authorization documents was initially implemented through 2016 DHS regulations that aimed to address chronic processing backlogs. 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’s own estimates, between 306,000 and 468,000 employment authorizations would have lapsed if not for the rule authorizing automatic renewals. 

On October 30, 2025, DHS published an interim final rule ending its policy of automatically extending employment authorization for up to 540 days for those who timely filed renewal applications. The impacts of this new rule will be devastating for individuals who rely on timely renewals to maintain their ability to work and support their families. DHS already takes more than six months to process most employment authorization document renewals for asylum seekers, and even longer for many other groups. DHS’s new rule ends automatic extensions for pending renewal applications even as it continues to face these backlogs and processing delays and with no plans to address the additional strain this will place on the system. This will inevitably lead to various workforce problems and general economic instability. 

In the comment letter, Attorney General Bonta and the coalition assert the rule: 

• 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.
• Will harm California and other states by decreasing tax revenue and the spending power of residents, increasing healthcare costs, increasing the burden on state-funded nonprofits, and increasing law enforcement challenges. 
• Is procedurally deficient because it doesn’t meet the requirements for an interim final rule and should have gone through notice and comment before implementation.
• Is arbitrary and capricious in violation of the Administrative Procedure Act. 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.

Attorney General Bonta is committed to protecting immigrant communities and defending California’s humanitarian interests from unjustified and lawless attacks by the Trump Administration. Attorney General Bonta fought against a DHS proposal to limit international student visas, filed an amicus brief challenging the ideologically-motivated revocation of student visas, and sued the Trump Administration for restricting access to public benefit programs based on immigration status. He has also repeatedly supported challenges to the early termination of the TPS designation for Venezuelans and Haitians and has defended legal immigration pathways for those feeling dangerous conditions in their home countries. You can find more about the California Department of Justice’s work to defend the rights of immigrants in California at https://oag.ca.gov/immigrant.

In sending this letter, Attorney General Bonta is joined by the attorneys general of Illinois, New York, Colorado, Connecticut, Delaware, the District of Columbia, Hawai‘i, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, Oregon, Vermont, and Washington.