Congress moves to override courts, lock in DACA work permits

What it does

This bill grants the Secretary of Homeland Security explicit statutory authority to issue work permits (Employment Authorization Documents) to people granted deferred action under DACA, and explicitly states this authority overrides any court order or judicial interpretation that blocks such permits. It aims to ensure uniform access to work authorization for all eligible DACA applicants nationwide, including first-time applicants in states like Texas where courts have previously blocked new work permits.

Why we flagged it

The bill's core function is to provide explicit statutory authority for work permits to DACA recipients and override judicial restrictions on that authority. It is a clarification and expansion of executive authority through legislation, not a new program or benefit creation.

What the text implies

• The bill's language 'notwithstanding any judicial order to the contrary' is a direct legislative override of judicial authority — it asserts Congress's power to supersede court injunctions through statute, raising separation-of-powers questions about the scope of legislative authority to bind courts.
• The 90-day effective date creates a narrow window for implementation before potential legal challenge, and the bill does not address what happens to applications filed or decisions made during that transition period.
• By naming Texas specifically in findings and title, the bill signals a response to Texas v. USCIS and related litigation, but does not explicitly address whether the statute itself will survive the same constitutional challenges that blocked the underlying DACA policy in some courts.

Section numbers refer to the bill text the analysis read — linked under Primary records below.

Who it affects

DACA recipients and first-time applicants gain explicit statutory access to work permits, enabling them to legally work, support families, and contribute economically. The bill removes judicial barriers that had blocked work authorization in certain jurisdictions, creating uniform national access to employment for an eligible population.

Named in the bill

Department of Homeland Security, Secretary of Homeland Security, DACA (Deferred Action for Childhood Arrivals), State of Texas, Immigration and Nationality Act § 274A

Where it stands

• Dec 23, 2025 — Introduced · Congress.gov: “Introduced in House”
• Dec 23, 2025 — Referred to House Committee on the Judiciary · Congress.gov: “Referred to the House Committee on the Judiciary”

Dates and quoted wording are Congress.gov's action record; the timeline shows status changes, not every procedural step.