After years of litigation, the Deferred Action for Childhood Arrivals (DACA) program could reopen to new applicants for the first time since 2021, pending court approval. However, no timeline has been set, and the final decision rests with a federal district court judge in Texas, who has for years held the program unlawful. Immigration practitioners must understand the mechanics of potential reopening, the limits that will apply to Texas applicants, and what steps new applicants should take now.
What changed
Following a January ruling by the U.S. Fifth Circuit Court of Appeals, USCIS filed a plan to process new DACA applications in all states except Texas, where the court ruling limits recipients’ benefits. If the judge approves this plan, USCIS is expected to resume processing DACA applications filed before and after the injunction for applicants outside Texas.
USCIS will continue to accept and process DACA renewal requests and accompanying applications for employment authorization, and is also accepting applications for initial requests, but will not process them at this time. The agency has not yet received court authorization to begin adjudicating new applications.
The case is now in the implementation phase, where the judge must decide how DACA will function, who can access it and what benefits they receive. The court will also need to figure out how to wind down work authorization for Texas DACA recipients.
Why it matters
The distinction between accepting and processing new DACA applications is critical for practitioners advising potential applicants. While existing DACA recipients can renew their status, new applicants must continue to wait. If the plan is approved, applicants in other states would be eligible for full DACA benefits—meaning both deportation protection and work authorization. By contrast, new applicants in Texas will face restrictions, likely receiving only deportation protection without work permits.
For Texas-based new applicants, the implications are severe: work authorization without which DACA eligibility offers limited practical value. Practitioners should prepare clients to understand this geographic variance and consider whether filing in other states is feasible. Additionally, even if the judge does accept the plan to reopen DACA to new applicants, the future of the program remains uncertain as the case is litigated.
The broader context matters too: A bipartisan team of Senate lawmakers has unveiled a new bill that would give young undocumented immigrants brought to the U.S. as children a path to legal status, being called the Dream Act of 2025. This signals potential Congressional movement toward permanent relief, though practitioners should not rely on legislative timelines.
Way forward
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Monitor Judge Hanen’s order. What happens next regarding DACA potentially reopening is at the discretion of Judge Hanen, who may rule at any time. Practitioners should track federal court dockets and USCIS alerts for the implementation decision.
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Distinguish between acceptance and processing. Continue educating clients that USCIS accepting an application does not mean it will be adjudicated. Only when the judge approves the plan will USCIS begin processing new applications.
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Prepare Texas-based clients for limited benefits. If reopening occurs, new Texas applicants will likely receive deportation protection only. Practitioners should discuss whether that standalone benefit justifies the application fee and biometric appointment, or whether clients should explore alternative immigration pathways.
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Advise clients to renew existing DACA now. DACA protects over 500,000 people without legal immigration status who were brought to the United States as children, offering temporary protection from deportation and allowing eligible individuals to obtain work permits to work in the U.S. on a two-year, renewable basis. Existing recipients should not assume the program will remain stable.
Disclaimer
This article is provided for informational purposes only and is not legal advice. Fola Editorial is a software company, not a law firm. Immigration law is complex, policy can change without notice, and individual circumstances vary. You should verify all information against the primary source linked above and consult a licensed immigration attorney regarding your specific situation.