Cautious Optimism: DACA Updates

For at least half a decade, recipients of Deferred Action for Childhood arrivals (DACA) have lived in legal limbo, not knowing when and if their deferred action and employment authorization will expire. On Monday, September 29, 2025, the Department of Homeland Security (DHS) through its counsel at the Department of Justice (DOJ) outlined a proposal that would not only allow individuals who already have DACA to continue renewing their deferred action, but, for the first time in four years, would also allow the U.S. Citizenship and Immigration Services (USCIS) to approve initial applications for qualifying individuals who do not currently have DACA. However, for individuals living in Texas, they would only be allowed to file for deferred action, but would not be able to request employment authorization, one of the key benefits of the program. The proposal is not yet final and is awaiting a final decision of the U.S. District Court in Brownsville, Texas.

Since 2012, certain individuals who arrived in the United States while under the age of 16 and who did not have lawful status have been eligible to request DACA.  The program, implement by President Obama, allowed individuals brought to the United States as children to remain in the country, but it does not confer an immigration status.  One of the key benefits of DACA is deferred action, which is a discretionary decision made by the U.S. government not to deport certain individuals – in this case individuals with DACA – despite being present in the United States without lawful status. DACA is generally granted for a period of two years and is renewable. In addition to deferred action, individuals are also eligible to request work authorization, which allows DACA recipients to work lawfully in the United States. The work authorization is also issued for a concurrent two-year period and is renewable along with DACA. 

To qualify for DACA, applicants must also show that they have lived in the U.S. continuously since 2007, were physically present in the United States on June 15, 2012, were under age 31 as of June 15, 2012, and must meet certain education or military service requirements. Furthermore, individuals must have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors. Individuals must meet these requirements both at the time they initially filed and during each renewal period.  

Since 2021, pursuant to a district court order, individuals who met these requirements and already had DACA were allowed to continue renewing DACA. However, individuals whose DACA had expired for longer than one year or never had DACA were allowed to submit initial applications, but USCIS was not permitted to process them. It is estimated that that at present, there are more than 500,000 individuals in DACA status, and another 1.1 million that may benefit under the new proposal. 

Under the new proposal: 

• USCIS will continue to process and approve DACA renewals for eligible applicants. It is unclear yet whether those living in Texas might still be eligible to renew their employment authorization for at least one more renewal period. 

• USCIS will process long-pending initial DACA applications but will only approve accompanying employment authorization applications for individuals living outside of the state of Texas. Individuals living in Texas who filed for employment authorization will have those applications rejected and fees returned. 

• USCIS will receive and adjudicate initial DACA requests, but will reject any employment authorization requests made by individuals residing within the state of Texas 

• Individuals who receive DACA must notify USCIS of their address change within 10 days. For those that move into the state of Texas, USCIS will send notices of revocation to DACA recipients that have employment authorization but have moved to Texas.  

• DACA recipients who live in the State of Texas but move to another state will be eligible to request employment authorization once they move to another state. 

Please keep in mind that the District Court in Brownsville, Texas has yet to approve the proposal and that there may be some changes in the next few weeks.

In the meantime, we recommend that individuals that may qualify for both initial and renewal DACA applications begin gathering necessary paperwork. If you have any questions, please be sure to consult with a trusted immigration attorney or Department of Justice accredited representative. Our team of skilled immigration lawyers is happy to discuss DACA or any other immigration matters. Please call our office at 312.427.6163 for a consultation.