DACA Update: USCIS could soon process new DACA applications

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Recent court documents submitted by the government in the case, State of Texas v. United States of America (1:18-cv-00068), reveal that the U.S. Citizenship and Immigration Services (USCIS) may soon resume processing initial DACA applications for individuals living outside of Texas.

Since 2021, new DACA requests had been halted due to a court order which was later applied only to the state of Texas.

Under the proposed plan, USCIS would process initial applications for applicants residing outside of Texas. For those living in Texas, the government would only grant deferred action, without employment authorization or recognition of lawful presence. Moving to Texas could jeopardize a DACA recipient’s work authorization.

The government’s plan still requires court approval, and USCIS has not yet shared any timeline or implementation details if it moves forward.

DACA Refresher

Deferred Action for Childhood Arrivals (DACA) is a program that allows individuals who were brought to the United States as children to remain in the United States temporarily and apply for work permits. While it does not grant legal status, it offers protection from deportation.

Those eligible for DACA include individuals 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.

What the government’s response means

Justice Department attorneys presented the proposal to U.S. District Judge Andrew Hanen on Monday as part of the ongoing Texas v. United States case. The plan would allow U.S. Citizenship and Immigration Services (USCIS) to begin accepting new and renewal DACA applications nationwide for the first time in four years.

In Texas, USCIS would still accept new and renewal applications, but individuals residing in the state would not be eligible for work permits.

Attorneys representing DACA recipients also proposed a wind-down period that would allow Texas-based recipients to retain their work authorization for one additional renewal cycle.

These proposals come in response to a prior ruling by the 5th U.S. Circuit Court of Appeals, which permitted the DACA program to continue but upheld a carveout excluding work permits for Texas residents.

Both the federal government and DACA advocates will have two more chances in October to submit responses to this week’s proposals. Judge Hanen, based in Houston, will then determine which proposal—or combination of proposals—will be included in his final order.

Next steps

We remain cautiously optimistic on the future of the DACA program. While no official decision has been made, those eligible for DACA should begin preparing now and collect the necessary documents if and when USCIS begins accepting first-time DACA applications.

To discuss whether you are eligible for DACA, please contact our office.

Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.

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