Attorney General Charity Clark has joined a group of 18 attorneys general in opposing 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 workers who have filed timely renewal applications. The change affects immigrant workers, including refugees and asylees, who have already been vetted to work legally in the United States.
Previously, DHS regulations allowed for an automatic 180-day extension of EADs to address processing backlogs. This period was expanded to 540 days during the COVID-19 pandemic due to increased delays caused by a hiring freeze and a rise in filings for work authorization. According to DHS estimates, between 306,000 and 468,000 employment authorizations would have expired without this automatic renewal policy.
On October 30, 2025, DHS published its new rule ending these automatic extensions. Attorney General Clark stated that this decision will leave applicants vulnerable and without proper documentation needed to continue working. She noted that “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 Vermont’s economy.”
The coalition argues that many individuals rely on timely renewals to maintain their ability to work and support their families. They point out that DHS currently takes more than six months to process most EAD renewals for asylum seekers, with even longer waits for other groups. The new rule ends automatic extensions despite ongoing backlogs and no announced plans by DHS to address additional strain on the system.
In sending this letter, Attorney General Clark joins attorneys general from California, Colorado, Connecticut, Delaware, the District of Columbia, Hawai‘i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, Oregon, and Washington.
