A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by U.S. Citizenship and Immigration Services relating to "Removal of the Automatic Extension of Employment Authorization Documents".

Bill Number

S.J.Res. 99

Origin Chamber

Senate

Congress

119th Congress, Session 1

Policy Area

Immigration

Status

Introduced

Latest Action

2026-04-29: Motion to proceed to consideration of measure rejected in Senate by Yea-Nay Vote. 47 - 50. Record Vote Number: 111. (CR S2106)

Last Updated

2026-05-04T16:16:39Z

AI-Generated Summary

Purpose

This joint resolution (S.J. Res. 99) aims to block a rule proposed by U.S. Citizenship and Immigration Services (USCIS), an agency under the Department of Homeland Security. The rule would eliminate the automatic extension of Employment Authorization Documents (EADs), which are work permits for certain non-citizens. By disapproving the rule, Congress seeks to maintain the current policy allowing these automatic extensions, preventing disruptions to work authorization for eligible immigrants.

Key Provisions

• Disapproval of Specific Rule: The resolution formally disapproves the USCIS interim final rule titled "Removal of the Automatic Extension of Employment Authorization Documents," published in the Federal Register on October 30, 2025 (90 Fed. Reg. 48799).
• No Force or Effect: If enacted, the rule would be nullified and could not be implemented, effectively stopping USCIS from ending the automatic extension feature.
• Legislative Process: Introduced in the Senate on December 10, 2025, by Senators Rosen, Coons, King, Schiff, Durbin, Van Hollen, Shaheen, Padilla, Welch, Cortez Masto, Bennet, and Warren. It was referred to the Judiciary Committee but discharged by petition under 5 U.S.C. 802(c) and placed on the Senate calendar on March 24, 2026.

Significant Changes to Existing Law

• This resolution does not amend statutes but invokes the Congressional Review Act (CRA), a 1996 law (chapter 8 of title 5, U.S. Code) that empowers Congress to overturn agency rules with a simple majority vote and presidential signature (or veto override).
• It would reverse the USCIS rule's intended change, preserving the existing practice under regulations like 8 C.F.R. § 274a.13(d), where EAD renewals for certain categories (e.g., asylum seekers, TPS holders) are automatically extended up to 540 days while applications are pending. Without this resolution, the automatic extension period would be shortened or removed, requiring stricter timelines for renewals.

Potential Impacts

• On Government Agencies: USCIS would be barred from implementing the rule, potentially reducing administrative burdens related to processing delays but maintaining current workload for EAD extensions. It could affect coordination with other agencies handling immigration enforcement.
• On Citizens and Immigrants: Eligible non-citizens (e.g., those with pending green card applications or temporary protected status) would continue to have uninterrupted work authorization, avoiding job loss or gaps in employment. U.S. employers hiring these workers would face fewer disruptions in staffing.
• On International Relations: Minimal direct impact, though it could signal U.S. congressional resistance to stricter immigration enforcement, potentially influencing perceptions of U.S. immigration policy among foreign nationals and governments.

Main Stakeholders Affected

• Immigrants and Non-Citizens: Primary beneficiaries, including refugees, asylees, and others relying on EADs for legal work; they avoid risks of unauthorized employment due to processing delays.
• Employers and Businesses: Companies employing immigrant workers would experience continuity, reducing hiring and compliance challenges.
• USCIS and Federal Government: The agency loses authority to streamline its rules, potentially facing ongoing backlogs in EAD processing.
• Advocacy Groups and Lawmakers: Immigrant rights organizations and the resolution's sponsors (mostly Democratic senators) gain support for pro-immigrant policies; opponents of the rule may include those favoring reduced immigration benefits.

Notable Legal, Constitutional, or Political Implications

• Legal: Relies on the CRA, which allows expedited congressional review of agency actions without standard rulemaking delays. If passed, it prevents judicial challenges to the disapproved rule and bars USCIS from issuing a substantially similar rule without new congressional approval.
• Constitutional: Reinforces Congress's oversight role under Article I (legislative power) over executive agencies, checking administrative rulemaking without violating separation of powers.
• Political: Highlights partisan divides on immigration; introduced by Democratic senators, it counters perceived executive overreach in tightening work permits. Passage could require bipartisan support or face a presidential veto, influencing midterm election dynamics in 2026.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Sen. Rosen, Jacky [D-NV]

Cosponsors (11)

Sen. Coons, Christopher A. [D-DE], Sen. King, Angus S., Jr. [I-ME], Sen. Schiff, Adam B. [D-CA], Sen. Durbin, Richard J. [D-IL], Sen. Van Hollen, Chris [D-MD], Sen. Shaheen, Jeanne [D-NH], Sen. Padilla, Alex [D-CA], Sen. Welch, Peter [D-VT], Sen. Cortez Masto, Catherine [D-NV], Sen. Bennet, Michael F. [D-CO], Sen. Warren, Elizabeth [D-MA]

Recent Actions

• 2026-04-29: Motion to proceed to consideration of measure rejected in Senate by Yea-Nay Vote. 47 - 50. Record Vote Number: 111. (CR S2106) (Roll call 111)
• 2026-03-24: Placed on Senate Legislative Calendar under General Orders. Calendar No. 366.
• 2026-03-24: Senate Committee on the Judiciary discharged, by petition, pursuant to 5 U.S.C. 802(c).
• 2026-03-24: Senate Committee on the Judiciary discharged, by petition, pursuant to 5 U.S.C. 802(c).
• 2025-12-10: Read twice and referred to the Committee on the Judiciary.
• 2025-12-10: Introduced in Senate

Bill Versions

• Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by U.S. Citizenship and Immigration Services relating to Removal of the Automatic Extension of Employment Authorization Documents. — issued 2025-12-10 — PDF (2 pages)
• Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by U.S. Citizenship and Immigration Services relating to Removal of the Automatic Extension of Employment Authorization Documents. — issued 2026-03-24 — PDF (4 pages)