For the first time in four years, the federal government is planning to resume processing initial applications for DACA, the Obama-era program providing deportation protection and work permits to immigrants brought to the U.S. as children.
The Justice Department outlined the proposal Monday, which would allow first-time applications nationwide except in Texas. The filing comes in response to an ongoing lawsuit in U.S. District Court in Brownsville, Texas. While current Texas residents with DACA can maintain deportation protection, they would no longer qualify for employment authorization under the new plan.
Under the proposal, DACA recipients moving into Texas could lose their legal work status, while those relocating out of the state may resume eligibility for a two-year work permit. The government emphasized that these proposals do not prevent the Department of Homeland Security from implementing future lawful changes to DACA. A final decision is pending from U.S. District Court Judge Andrew Hanen.
Advocacy groups have cautioned that the program is not immediately reopening. Juliana Macedo do Nascimento, deputy director of federal advocacy for United We Dream, clarified that misinformation is spreading on social media. “The status quo stays. If you are a DACA recipient right now, even in Texas, you should renew as soon as possible to secure another two years,” she said.
Some nonprofits, like Dreamers2gether, are advising DACA holders to leave Texas and file a change-of-address form with U.S. Citizenship and Immigration Services to maintain work authorization. Currently, over 525,000 immigrants are enrolled in DACA, with Texas ranking second after California in program enrollment. Applicants must prove they arrived in the U.S. before turning 16, have graduated from high school or been honorably discharged from the military, and have no serious criminal records.
Since its creation, DACA has faced legal challenges. Former President Trump attempted to terminate the program during his first term, but the Supreme Court blocked the move in 2020, citing procedural violations. Despite this, litigation continued, and in 2021, new applications were closed while renewals remained allowed.
Many DACA recipients in Texas are considering relocating out of state to maintain employment protections. Atziri Peña, a 27-year-old Los Angeles entrepreneur with DACA, said the latest developments highlight how the immigration system disrupts families and careers. “Many of us have careers we won’t be able to continue if the protections disappear,” she said.
Senator Alex Padilla (D-Calif.) expressed support for the administration’s plan, emphasizing the importance of DACA protections for teachers, small business owners, and healthcare workers. Padilla urged Congress to enact a permanent legislative solution to safeguard the program from further attacks.
The Texas exception stems from the state’s leadership in a Republican-led lawsuit arguing that DACA imposes financial burdens on Texas through social service costs. The 5th Circuit Court of Appeals, known for its conservative leanings, upheld the finding that DACA is unlawful in Texas, though the ruling does not affect other states.
Thomas A. Saenz, president of the Mexican American Legal Defense and Educational Fund, stressed that the government’s proposal should not be seen as a final ruling on implementation. Meanwhile, reports of DACA recipients being detained, including in Texas, have heightened concern among advocacy groups. United We Dream has recorded at least 19 current DACA enrollees detained in recent months.
Despite the challenges, many immigrants remain hopeful about applying for DACA for the first time. Peña said the possibility brings “a little bit of safety and hope,” though uncertainty still looms over how the government will handle applications.
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