For more than a decade, DACA (Deferred Action for Childhood Arrivals) has given hundreds of thousands of Dreamers the opportunity to live, study, and work in the U.S. without fear of deportation. Yet, for years, ongoing legal challenges have kept DACA tied up in the courts, leaving the program’s future uncertain.
While much remains unresolved, there are some hopeful signs on the horizon. Below is a summary of where things stand, what may change soon, and what DACA recipients and first-time applicants should know right now.
The Latest on the Legal Battles
The main case challenging DACA — Texas v. United States — is still pending in front of Judge Hanen in the U.S. District Court for the Southern District of Texas. Earlier this year, the Fifth Circuit Court of Appeals agreed that certain aspects of DACA are unlawful, but limited the ruling primarily to Texas.
The case has now returned to Judge Hanen’s court, where we are awaiting a ruling on how he will move forward regarding DACA recipients in Texas and how USCIS and DHS might process cases outside of Texas.
Both the Department of Justice (DOJ) and the State of Texas have filed legal briefs, and the judge is expected to issue a decision after reviewing those filings. Because of recent delays, including those caused by the government shutdown, the exact timeline for a ruling remains unclear.
What the Federal Government Has Proposed
The government has submitted a proposal outlining possible next steps for how USCIS could proceed if the judge agrees:
- For first-time applicants:
- People outside of Texas could begin submitting and receiving decisions on initial DACA applications and work permits.
- People residing in Texas might be approved for deferred action (protection from deportation) but would not receive a work permit.
- If someone initially approved in Texas later moves to another state and updates their address with USCIS, their eligibility for a work permit could be restored.
- For renewals:
- Renewals of DACA and work permits would continue nationwide, regardless of where the applicant lives.
It’s important to note that this is just a proposal — not a final decision. We will not know the outcome until the judge issues his ruling.
What This Means Right Now
- Current DACA renewals are still being processed.
USCIS continues to accept and approve DACA renewal applications across the country, including in Texas.
- Initial DACA applications are not being processed at this time.
USCIS is not currently approving or reviewing new applications from individuals who have never had DACA before.
If You Already Have DACA
- Renew early. Submit your DACA and work permit renewal applications as soon as you’re eligible — ideally 120–150 days before expiration. USCIS is currently granting renewals for two years.
- Stay organized. Keep all USCIS documents (approval notices, receipts, renewal confirmations) in a safe place and watch your mail closely.
- Plan ahead. Consider meeting with a trusted immigration attorney or DOJ-accredited representative to discuss long-term options beyond DACA. You may have other paths to lawful status or permanent residence.
If You Want to Apply for the First Time
While initial applications are not currently being processed, the court could soon change that. Now is a good time to prepare so you can file quickly if USCIS begins accepting them again. You can:
- Gather proof that you’ve resided in the U.S. since June 2007.
- Collect any criminal records, if applicable.
- Speak with a trusted immigration attorney about your eligibility and the possible risks and benefits of applying if new applications reopen.
Looking Ahead
Dreamers, we know this constant back-and-forth can be exhausting. You’ve built your lives, families, and futures here — and we’re here to support you every step of the way.
If you need help reviewing your DACA case, renewing your status, or exploring other immigration options, please reach out. Our immigration attorneys are closely monitoring the litigation and will continue to share updates as they become available.
