Sponsor
Monica De La Cruz
Representative · R-TX
Representative · R-TX
The bill would standardize and expand immediate work authorization for DACA-eligible people—boosting employment, earnings, and tax revenue and reducing administrative delays—while raising risks of litigation, employer compliance confusion, political backlash, and concerns about competition in low-wage labor markets.
DACA-eligible individuals (including current DACA recipients and new eligible applicants) would be able to obtain legal work authorization nationwide when granted deferred action, letting them accept jobs, earn income, and support themselves and their families.
A uniform federal rule would prevent states from blocking or creating uneven access to employment authorization, ensuring consistent treatment of eligible applicants across the country.
Issuing work authorization concurrently with deferred action would reduce wait times and administrative barriers, improving immediate labor-market access and economic stability for eligible applicants.
The statutory extension/mandate of work authorization could trigger lawsuits and continued litigation, creating legal uncertainty for applicants and additional costs for the federal government and taxpayers.
Mandating work authorization 'notwithstanding any judicial order' and changing issuance rules could create employer compliance uncertainty (I-9 and hiring), complicating verification and exposing employers to risk.
Formalizing guaranteed work authorization without creating a pathway to permanent status may provoke political backlash and opposition from taxpayers and policymakers who view it as rewarding unauthorized presence.
Based on analysis of 4 sections of legislative text.
Requires DHS to issue Employment Authorization Documents to individuals granted deferred action under DACA, including first-time applicants, overriding conflicting judicial limits.
Official title: To grant the Secretary of Homeland Security express statutory authority to issue Employment Authorization Documents to individuals granted deferred action under the DACA policy, thereby superseding any judicial interpretation or injunction that restricts such authorization.
Introduced December 23, 2025 by Monica De La Cruz · Last progress December 23, 2025
Directs the Department of Homeland Security to issue work authorization documents to people granted deferred action under the DACA policy, including first-time applicants who were previously barred from receiving employment authorization in some jurisdictions. The law defines DACA by the June 15, 2012 DHS memorandum and makes the requirement effective 90 days after enactment, overriding contrary court orders or interpretations that have limited access to Employment Authorization Documents for DACA recipients.