Texas Dreamer Work Authorization Act of 2025
Summary
The Texas Dreamer Work Authorization Act of 2025 aims to grant the Secretary of Homeland Security explicit statutory authority to issue Employment Authorization Documents (EADs) to individuals with deferred action under the DACA policy. This bill seeks to supersede any judicial interpretations or injunctions that restrict such authorization. It amends Section 274A of the Immigration and Nationality Act to ensure uniform access to employment authorization for all eligible DACA applicants nationwide, including first-time applicants.
Expected Effects
The likely effect of this act is to provide legal certainty and stability for DACA recipients regarding their employment authorization. It would override judicial decisions that have created uncertainty, particularly in states like Texas. This would allow DACA recipients to continue working legally, contributing to the economy, and supporting their families.
Potential Benefits
- Provides stability and legal certainty for DACA recipients' employment status.
- Ensures DACA recipients can continue contributing to the economy and paying taxes.
- Allows DACA recipients to support their families and utilize their education and skills.
- Promotes uniform application of the DACA policy nationwide.
- Could potentially increase tax revenue due to increased employment.
Potential Disadvantages
- May face legal challenges based on constitutional grounds related to the separation of powers or immigration authority.
- Could potentially incentivize further unauthorized immigration if perceived as an expansion of DACA benefits.
- May draw criticism from those who believe DACA is an overreach of executive authority.
- Could create tension with states that have challenged the DACA policy in court.
- May not provide a permanent solution for DACA recipients, as it does not create a pathway to citizenship.
Constitutional Alignment
The bill's constitutional alignment is complex. Congress has the power to legislate on immigration matters, as outlined in Article I, Section 8, Clause 4, which grants Congress the power to establish a uniform Rule of Naturalization. However, the executive branch's implementation of DACA has been challenged as exceeding its authority. This bill attempts to provide a statutory basis for the DACA policy, which could strengthen its legal standing. However, it may still face challenges based on the separation of powers doctrine if it is argued that Congress is improperly delegating its authority to the executive branch or interfering with judicial review.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).