The Fifth Circuit’s decision regarding the future of the DACA program officially went into effect on March 12, 2025. This means that first-time applications should begin to be processed in all 50 states, including Texas, and DACA recipients in Texas continue to have access to their work permits for now. Immigration practitioners need to understand the scope of this mandate, the practical uncertainties it creates, and how to advise clients in this transitional period.
What changed
The 5th Circuit issued its mandate on March 11, 2025. The 5th Circuit limited its decision to Texas and sent the case back to the district court with an instruction to sever the forbearance from deportation provision from the work authorization, meaning that no more work permits would be granted (only protection from deportation).
The practical effect is twofold:
Nationwide: First-time applications are now to be adjudicated across all 50 states, including in Texas. For years, USCIS had accepted but not processed initial DACA applications pending the outcome of litigation. With the mandate now in effect, first-time requests should have begun to be processed and be approved or denied in all 50 states, including Texas.
Texas-specific: Once the district court implements the 5th Circuit’s instructions, work permit access for DACA recipients in Texas will end, keeping only the deportation protections part of the DACA program. However, if you currently have DACA and live in Texas, you still have access to your work authorization and ability to renew your DACA. The work-authorization severance applies prospectively—to new beneficiaries and future iterations—not to existing recipients.
The Trump administration has not issued formal guidance about processing first-time applications.
Why it matters
For first-time applicants nationwide, the mandate reopens a pathway that has been legally blocked since July 2021. There are over 90,000 first-time applications pending since 2021, which could delay new applications from being processed quickly. Practitioners advising first-time applicants must understand the backlog, the lack of formal USCIS guidance, and the ongoing legal uncertainty.
For DACA renewers in Texas, the situation is more complex. All DACA recipients should still be protected from deportation. But the mandate contemplates a future state in which Texas residents receive only deportation protection—no work authorization. The timeline and implementation method remain unclear pending district court action and, potentially, further USCIS guidance.
The overarching risk: The Trump administration has not yet issued official guidance. Without DHS/USCIS pronouncements on how to actually process first-time applications, practitioners cannot yet confirm whether USCIS has begun accepting and adjudicating them, nor can they reliably advise clients on processing times or approval likelihood.
Way forward
For practitioners advising first-time applicants:
- Verify current policy before filing: While the mandate should mean that first-time applications are open and being processed, Trump’s USCIS has not issued official guidance, and no new applications have been processed yet. Contact USCIS directly or monitor the USCIS website and immigration law group updates (AILA, ILRC, NILC) to confirm acceptance before advising a client to file.
- Flag the Texas rule: Advise first-time applicants in Texas that the legal landscape differs from other states. Once the district court order takes effect, work authorization will be unavailable; only deportation protection will remain. Some applicants may choose to file before that change, while others may reassess eligibility.
- Counsel on risk: By applying, you provide your personal information to the U.S. government. While this was not used to target immigrants under past administrations, this is not a guarantee under Trump. Discuss this with clients.
- Watch for further guidance: The parties have until November 24 to present their arguments in writing to the district court judge. New guidance or district court orders may emerge before year-end 2025.
For DACA renewers:
- Continue renewals on schedule: Current DACA status and work authorization remain in effect for all renewers nationwide, including in Texas, pending further district court or executive action.
- Consult an attorney if detained: If a DACA recipient in Texas is detained, please get in touch with immigration legal services.
Disclaimer
Fola Editorial is a software company, not a law firm. This article is informational and not legal advice. Immigration policy is subject to rapid change based on court orders, executive action, and agency guidance—all of which may evolve without notice. Practitioners must verify all information against the primary court decision, the current USCIS website, and official agency guidance before advising clients or filing applications. Consult a licensed immigration attorney licensed in your jurisdiction for case-specific legal advice.