Sponsors
The bill would quickly expand and standardize work authorization for DACA-eligible people—boosting employment, tax revenue, and consistent access nationwide—while raising substantial legal risks, potential employer-compliance confusion, and political controversy.
DACA-eligible people nationwide can obtain immediate legal work authorization when granted deferred action, letting them accept jobs, earn income, and support their families.
A uniform, standardized DACA/EAD rule prevents state-by-state blocks or variation (e.g., from states trying to deny permits), ensuring consistent access to employment authorization across all states.
Issuing work authorization concurrently with deferred action reduces wait times and administrative barriers, improving labor-market access and economic stability for newly eligible applicants.
Mandating work authorization 'notwithstanding any judicial order' and extending statutory authorization is likely to trigger legal challenges, creating litigation costs and prolonged uncertainty for applicants and the federal government.
Legal uncertainty and potential conflicts with court orders could create employer compliance confusion (I-9, hiring), complicating hiring practices and enforcement.
Formalizing work authorization without creating a path to permanent status may provoke political opposition and perceptions among some taxpayers that the policy encourages unauthorized presence, risking backlash or policy rollbacks.
Based on analysis of 4 sections of legislative text.
Requires DHS to grant work authorization to people granted DACA (including first-time applicants) nationwide, overriding other laws or court orders.
Requires the Department of Homeland Security to issue Employment Authorization Documents (work permits) to people granted deferred action under DACA — including first-time applicants who were previously blocked in some jurisdictions — and declares that DHS’s authority to do so overrides other laws or court orders. The measure defines DACA as the June 15, 2012 DHS memorandum and takes effect 90 days after enactment.
Introduced December 23, 2025 by Monica De La Cruz · Last progress December 23, 2025