The federal government filed a proposal with a Texas federal judge indicating it expects to again accept new applications for Deferred Action for Childhood Arrivals (DACA), a program that grants some people without legal immigration status the ability to live and work in the United States. The proposal marks a potential turning point after USCIS has not taken new and renewal applications for DACA for four years.
What changed
On September 29, 2025, the federal government indicated that it plans to resume processing initial DACA applications submitted prior to and following the 2021 injunction. The government’s plan, filed in the ongoing Texas v. United States lawsuit before U.S. District Judge Andrew Hanen, proposes that USCIS will take new and renewal applications for DACA across the country.
However, the proposal includes a geographic limitation: In Texas, USCIS would take new and renewal applications for the DACA program but recipients residing in the state will not receive a work permit. Attorneys representing DACA recipients proposed adding a wind-down period that would allow Texas residents to keep their work authorization for one more renewal period.
Eligibility requirements include people who entered the country as children before their 16th birthday, were under 31 years old as of June 15, 2012, and have not been convicted of a felony, a significant misdemeanor, or three misdemeanors.
Why it matters
For immigration practitioners, this proposal could materially expand your client intake and case portfolio. Aside from the over 533,000 who are already enrolled in DACA, about 1.1 million people may be eligible across the country, many of whom have been unable to apply since 2021.
The proposal remains conditional—the federal government’s plan to resume processing initial DACA applications and limit DACA benefits for Texas-based applicants is subject to the court’s approval. You should monitor Judge Hanen’s ruling closely, as it will determine whether and when USCIS can adjudicate pending and new first-time applications.
If approved, practitioners will need to prepare for a surge in new I-821D and I-765 filings, including those previously submitted but frozen in adjudication limbo since the July 2021 injunction.
Way forward
- Begin intake preparation now. Even before a final court order, start identifying potential DACA-eligible clients in your existing book and prepare initial consultation checklists for family members who may qualify.
- Gather documentation ahead of filing windows. People interested in applying were urged to start preparing, with advocates noting that communities and families should be prepared and begin gathering the required documents.
- Track the litigation timeline. Subscribe to updates from NILC, American Immigration Council, or your local ACLU affiliate for notice of Judge Hanen’s order on the DOJ proposal.
- Verify work-permit rules for Texas clients. If your practice includes Texas-based clients, confirm the final injunction scope once the court rules—the proposal currently would exclude Texas-based new applicants from work authorization but may include a wind-down period for renewals.
Disclaimer
This is an informational summary of a government proposal, not legal advice. The proposal remains subject to federal court approval and has not yet become policy. USCIS, DOS, and DHS policy can change without notice. Immigration law is complex, and the rules affecting your clients depend on their individual circumstances, the jurisdiction where they reside, and timing of filing. Please verify all information against the primary source linked above and consult a licensed immigration attorney before advising clients or preparing any filing.