A federal court is poised to change lawful presence of 86,000 DACA recipients in Texas to unlawful, creating immediate filing and relocation risks for practitioners advising DACA holders. On January 17, the 5th U.S. Circuit Court of Appeals issued an order after reviewing a ruling by the U.S. District Court for the Southern District of Texas that declared the DACA program unlawful. While largely affirming the lower court’s ruling, the Fifth Circuit narrowed the ruling to apply only to Texas.
What changed
The implementation is imminently expected to change the presence of DACA beneficiaries from lawful to unlawful. The case is now before U.S. District Court Judge Andrew Hanen in Brownsville, Texas, who will determine how to apply the appeals court ruling.
Under the order, if implemented as proposed, DACA recipients who live in Texas could receive forbearance from removal (deferred deportation) but lose lawful presence status, disqualifying them from work permits and benefits like in-state tuition or driver’s licenses.
Critically, relocation could trigger revocation of employment authorization with just 15 days’ notice. The 5th Circuit’s January order, in theory, still allows protection from deportation to be available nationwide for current and new DACA recipients, while also opening the possibility for current and new DACA recipients, with the exception of those living in Texas, to request work authorization.
Why it matters
This ruling creates a jurisdictional cliff for DACA holders. Texas has approximately 90,000 DACA recipients—the second-largest population after California’s 145,000.
For practitioners advising DACA clients in Texas, the immediate calculus shifts:
- Clients in Texas lose work permits when the district court implements the order, though they retain forbearance from removal
- Clients moving to Texas from other states will lose work authorization within 15 days
- Clients moving from Texas to another state may preserve work authorization and lawful presence if they relocate before implementation
The separation of deportation protection from work authorization—unique to this ruling—creates a limbo status that may disqualify DACA holders from state benefits, housing, and employment.
Way forward
- Document current state of residence now for all DACA clients, particularly those in Texas or considering relocation. Timestamp residency facts before any implementation order drops.
- Monitor Judge Hanen’s implementation timeline (expect briefs and decision soon). The 15-day window is extremely tight once triggered; early relocation may be necessary.
- Review employer implications: Work authorization loss is immediate upon implementation; employers should receive notice and USCIS will not renew I-765s issued under DACA for Texas residents.
- Advise on federal vs. state ID: Lawful presence loss may affect state-issued driver’s licenses and in-state tuition; coordinate with state agencies on grace periods.
- Refer clients to current USCCB migration guidance at usccb.org/DACAupdate for real-time status; the district court may introduce a different timeline for any changes to take effect.
Disclaimer
This summary is for informational purposes only and does not constitute legal advice. The content reflects reporting on a court ruling and does not constitute an endorsement of any position. Immigration law is complex and changes frequently; please verify all information against the primary source linked above and consult a licensed immigration attorney regarding your specific situation. This policy is subject to further judicial action and may change without notice.