GOP Senators Move to Overturn Biden’s Work Permit Extension

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Senators John Kennedy (R-LA) and Rick Scott (R-FL) have introduced a resolution under the Congressional Review Act (CRA) seeking to overturn a Biden administration rule that extends the automatic renewal of work permits from 180 days to 540 days. The rule, which went into effect on January 13, 2025, applies to certain immigrants, refugees, green card holders, and spouses of H-1B visa holders, and is aimed at addressing long processing delays in work permit renewals.

The new regulation, introduced by the Department of Homeland Security (DHS) in December 2024, extends the automatic renewal period for eligible applicants—those whose work permits were submitted on or after May 4, 2022—from the previous 180-day limit to a more extended 540 days. The Biden administration has defended the rule, arguing that it helps mitigate the backlog of pending work permit renewals and supports U.S. businesses by reducing bureaucratic hurdles.

DHS Secretary Alejandro N. Mayorkas noted that the change is necessary to support the U.S. economy, which has created more than 16 million jobs since January 2021. He emphasized that the rule is designed to prevent employment gaps for workers who face delays in the processing of their work permits.

However, Senators Kennedy and Scott argue that the extension undermines immigration enforcement and national security. Kennedy has described the rule as “dangerous,” claiming that it provides immigrants with more time to avoid reporting to U.S. officials, thereby hindering efforts to track and remove individuals working illegally in the U.S. Scott echoed these concerns, criticizing the rule as a last-minute action by the Biden administration that “undermines President Trump’s mandate” and “puts Americans’ interests at risk.”

The Senators contend that the extended work permit renewal period could make it more difficult to identify individuals working illegally in the U.S., as it allows for a prolonged period of employment without proper oversight. The resolution, if passed, would reverse the rule and reinstate the previous 180-day automatic renewal period.

This push against the Biden administration’s immigration policies reflects broader Republican concerns over border security and enforcement measures. The resolution now faces review by Congress, where it could have significant implications for immigration policy in the United States.


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