DACA Updates

Relevant Resources:

10 Things You Can Do Right Now as a DACA Recipient | DACA Frequently Asked Questions | Steps to Renew DACA | Steps to Apply for DACA for the First Time | Beyond DACA: Immigration Options You Should Know

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(Updated March 18, 2025) — On January 17, 2025, the 5th Circuit Court of Appeals ruled against the DACA policy but allowed its current protections to continue. The 5th Circuit Court of Appeals sent the case back to Judge Hanen to decide when and how the severance of work authorization from DACA would take place in Texas. This ruling has also opened the possibility of USCIS processing initial DACA applications in the near future. While this ruling went into effect on March 11, 2025, official guidances have not been released by Judge Hanen, USCIS, or DHS on how the changes would take place in regards to initial applications, renewals for Texas residents, or severance of work permits from DACA in Texas. Meanwhile, DACA continues as before January 17, 2025: current DACA recipients can continue renewing their DACA and receiving protection from deportation and work authorization nationwide—including in Texas.

Some Background

Back in 2021, the state of Texas sued the U.S. government arguing that the Deferred Action for Childhood Arrivals (DACA), as it was created in 2012 by the Obama Administration, was unlawful. In 2022, Judge Hanen (a federal judge in Texas) released his initial ruling agreeing with this argument. However, the 5th Circuit Court of Appeals sent the case back to Hanen to consider whether the DACA rule issued by the Biden administration in August 2022 (which has formally established the DACA policy) impacts his findings. On September 13, 2023, Hanen did not change his earlier ruling, that he found the new DACA rule did not significantly differ from the 2012 DACA program and therefore, in his opinion, is unlawful. Hanen’s decision was appealed at the 5th Circuit Court with oral arguments held on October 10, 2024, and the 5th Circuit Court’s ruling issued on January 17, 2025. For further background on DACA litigations since its inception in 2012, check out this timeline by NILC.

The 5th Circuit Court’s ruling in January 2025 reminds us that we must fight back to ensure that all people are able to live and thrive—regardless of their immigration status. We would not have been able to celebrate the wins without the individuals, organizations, and states who believed in the strength of the undocumented community and fought to keep DACA alive.

What Does This Mean?

As the 5th Circuit Court’s ruling is now mandated (in effect), we are waiting to hear from Judge Hanen on how he will decide on the lives of DACA recipients in Texas, from USCIS and DHS on how they will move forward with the new possibility of processing initial applications, and from the Trump administration if they will try to end DACA again. As we’ve witnessed since the start of this administration the threats toward immigrant communities and attempts to use other government departments for immigration enforcement purposes, we must stay informed and know what we can do right now. Remember, we are stronger together and we keep each other safe.

This recent court ruling is yet another reminder to us how this nation needs a permanent pathway to citizenship—and Congress has the vehicle to do so right now. The bipartisan American Dream and Promise Act has been reintroduced which, if passed, would provide a pathway to citizenship for undocumented people who moved to the United States as children, as well as recipients of Temporary Protected Status (TPS) and Deferred Enforced Departure (DED) beneficiaries. Here’s how you can help urge your representatives to co-sponsor this bill.

What Can I Do Right Now?

DACA will continue as it has prior to January 2025 until new guidances are released. No initial applications will be processed and, in Texas, work permits remain intact. This means that DACA recipients anywhere in the U.S. (including Texas) can continue renewing their DACA and receive protection from deportation and work authorization through DACA. See below our recommendations for current DACA recipients, initial DACA applicants, and allies of the undocumented community.

Current DACA Recipients:

  • Continue renewing your DACA. The recommended renewal window is 120-150 before your assigned expiration date. If you missed the renewal window, you can still renew if your DACA expired less than a year ago. Learn more here.
  • If you are in Texas, you can continue renewing your DACA and receive both protection from deportation and work authorization for the time being. The new 5th Circuit Court’s ruling in effect means that Judge Hanen will decide when and how work authorizations will be severed from the DACA policy for Texas residents. There should be a process and timeline for how this decision would roll out. Text DACA INFO to 787-57 to get the latest information about DACA (operated by United We Dream).
  • We encourage you to stay informed as there may be new challenges ahead for the DACA policy and continue exploring opportunities and options beyond DACA. Here are 10 things you can do right now as a DACA recipient.

Initial DACA Applicants:

  • It is not yet clear if and when initial applications will be processed. The new 5th Circuit Court’s ruling should mean that USCIS can continue processing initial applications (in all 50 states, including Texas). Previously, USCIS has continued accepting initial applications but could not approve or process them. It is still unclear when USCIS will start processing initial applications and how the Trump administration will respond to the 5th Circuit’s mandate. Get the latest information by texting DACA INFO to 787-57 (operated by United We Dream).
  • If you are considering applying for DACA for the first time (or as an initial applicant), consult with a trusted legal services provider. Your legal services provider can help you understand the benefits and risks of applying and prepare the initial DACA application. Be cautious of working with unlicensed individuals (e.g. “notarios”). You can find legal services providers at immigrationlawhelp.org or ailalawyer.com. Learn more about the initial DACA application process here.
  • If you already have a pending initial DACA application, you should not submit a new application at this time. The new 5th Circuit Court’s ruling in effect should mean that USCIS can continue processing initial applications but it is still unclear when USCIS will start doing so.
  • We encourage you to stay informed and continue exploring opportunities and options beyond DACA, as there may be changes to the DACA policy. Here are 10 things you can do right now as an undocumented person, even if you do not have DACA.

If You’re an Ally:

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Josias Aguiar

Creative Writing Class, Scholar

"Just in coming together, as a community, there's been some healing, especially when people feel scared or uncertain."