California Attorney General Rob Bonta has joined a coalition of 18 attorneys general to oppose a new interim final rule from the U.S. Department of Homeland Security (DHS) that removes the automatic extension of Employment Authorization Documents (EADs) for up to 540 days for eligible immigrant workers who have filed timely renewal applications.
Under the previous system, automatic extensions were granted to address significant processing backlogs within DHS. The extension period was initially set at 180 days in 2016 and later increased to 540 days during the COVID-19 pandemic due to increased filings and staff shortages. According to DHS estimates, between 306,000 and 468,000 employment authorizations would have expired without these automatic renewals.
The new rule, published by DHS on October 30, 2025, ends this policy despite ongoing processing delays. Many applicants now face lapses in work authorization while their renewals are pending. The coalition argues that this change will negatively affect immigrant workers such as refugees and asylees who have already been vetted for legal employment in the United States.
“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 comment letter sent by Bonta and other attorneys general claims that removing automatic extensions will harm immigrant workers’ health, food security, housing stability, and access to employer-sponsored health insurance. The letter also warns that states could see reduced tax revenue and spending power among residents, higher healthcare costs, greater burdens on nonprofits funded by state governments, and more law enforcement challenges.
The coalition further contends that DHS did not follow proper procedures in issuing an interim final rule without public notice or comment. They argue that DHS’s justification—that automatic extensions present a security risk—is unsupported by evidence since affected workers have already undergone vetting.
Attorney General Bonta has previously taken action against federal policies he views as harmful to immigrants, including opposing restrictions on international student visas and challenging limits on public benefits based on immigration status. More information about California Department of Justice initiatives supporting immigrants is available at https://oag.ca.gov/immigrant.
Attorneys general from Illinois, New York, Colorado, Connecticut, Delaware, the District of Columbia, Hawai‘i, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, Oregon, Vermont, and Washington also signed onto the opposition letter.
