The federal government filed notice on September 29, 2025 that it plans to resume processing initial DACA applications after a freeze lasting since 2021. In January 2025, the U.S. Court of Appeals for the Fifth Circuit ruled the DACA program was unlawful but narrowed the scope of the injunction on new benefits to apply only in Texas. The reopening will affect applicants nationwide—but with a significant catch for those in Texas.
What changed
USCIS adjudication of new DACA applications has been suspended since a federal district court issued a nationwide injunction in 2021. In response to the Fifth Circuit’s January 2025 narrowing of that injunction, the federal government indicated on September 29, 2025 that it plans to resume processing initial DACA applications submitted prior to and following the 2021 injunction.
The reopening comes with a geographic condition. Applicants who reside in Texas may be granted deferred action but would not be eligible for employment authorization or lawful presence classification. If the court ultimately approves the federal government’s plan, EADs may be issued to DACA applicants (excluding Texas residents).
The geographic split creates a specific complication: DACA beneficiaries who move to Texas could lose their employment authorization due to the court’s ruling to continue the injunction in Texas.
Why it matters
The reopening fundamentally changes filing strategy for DACA-eligible clients. For nearly four years, initial DACA applications have been off the table; now they may resume if the court approves. This means immigration counsel can once again advise clients on DACA eligibility, timing, and work authorization benefits outside Texas.
For employers, it will be important that employers, and particularly HR and compliance teams involved in immigration-related employment issues, continue to monitor legal developments surrounding DACA-based employment authorization. The influx of new DACA-authorized employees will affect I-9 verification workflows.
The Texas restriction creates specific operational risk. If you are advising a DACA beneficiary employed in Texas, or a Texas-based employer who hires DACA beneficiaries from other states, the loss of work authorization upon relocation becomes a material employment matter that must be disclosed and managed proactively.
Way forward
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For practitioners: Audit your client roster for individuals who have been blocked from DACA applications since 2021 and assess whether they now qualify under the reopened initial application pipeline. Confirm geography (non-Texas applicants will get work authorization; Texas applicants will get deportation protection only).
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For employers: Review I-9 compliance procedures and train HR teams to accept Employment Authorization Documents (EADs) issued under DACA without requesting additional documentation or heightened scrutiny. Flag the Texas limitation in any onboarding process for DACA beneficiaries.
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For DACA applicants: Do not assume approval is automatic. The federal government’s stated plan remains subject to court approval. Consult a licensed immigration attorney to confirm your eligibility and filing readiness.
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Monitor the court. The U.S. District Court for the Southern District of Texas will decide whether to accept the federal government’s proposed framework. This approval is not yet final.
Disclaimer
Fola is a software platform, not a law firm. This article is not legal advice. You must consult a licensed immigration attorney in your jurisdiction to discuss your specific situation, apply for DACA, or advise employers on compliance. Immigration policy can change without notice; verify all information against the primary source linked above and check https://www.uscis.gov/daca for the latest official guidance.