In response to the ongoing Texas v. United States case, the federal government has proposed resuming the processing of initial Deferred Action for Childhood Arrivals (DACA) applications. However, under the current proposal, DACA applicants residing in Texas would not be eligible for employment authorization. The proposal has been submitted to the Fifth Circuit Court of Appeals and remains subject to the court’s approval. As of now, USCIS has not provided any details regarding a potential timeline or how the proposal would be implemented if approved. 

Key Takeaways

• • If the proposal is approved, USCIS would begin to process initial DACA applications again, including those submitted since 2021, when the program was blocked by a district court injunction.  

• • The resuming of the program would apply nationwide, covering all U.S. states  

• • Texas residents will be allowed to apply for DACA; however, unlike applicants in other states, they will not be eligible for employment authorization or lawful presence classification.  

Background

• • DACA was established in 2012 to protect undocumented immigrants who were brought to the U.S. as children.  

• • The program provides protection from deportation and offers work permits to eligible individuals.  

• • In 2021, USCIS suspended the processing of new DACA applications due to a federal district court injunction.  

• • The injunction was issued by a federal judge in Texas, effectively blocking new DACA applications nationwide.  

• • In January 2025, the Court ruled that the injunction should only apply to individuals residing in Texas, narrowing its previous nationwide effect.  

• • As a result, the Court requested the parties involved in the lawsuit to submit briefs outlining how DACA should be modified to comply with the Fifth Circuit’s decision. 

Latest Update  

• • On September 29, 2025, the federal government announced its intention to resume processing initial DACA applications, including those submitted before the 2021 injunction.  

• • Under the proposal, applicants living in Texas may receive deferred action, but they would not be eligible for work permits (EADs) or “lawful presence” classification.   

• • If the federal government’s plan is adopted, current DACA recipients who live in Texas could lose their employment authorization, as the court’s injunction would remain in effect there. 

• • The plan is subject to court approval, and USCIS has not yet provided any timeline or implementation details if the proposal moves forward. 

• • This prompted several states1 to argue for dismantling DACA; however, the Court has so far ruled that these states have not demonstrated legal standing. 

What This Means for You 

For DACA Recipients: 

• • You can continue to apply for renewals; initial applications are not accepted yet. 

• • If approved, Texas residents will no longer be granted a work authorization  

• • If approved, residents from other States who move to Texas may lose their work authorization  

For Employers: 

• • As of now, work permits under DACA remain valid 

• • Monitor potential changes that could affect DACA employees in Texas  

For New DACA Applicants: 

• • New applications remain blocked for now, but that may change depending on the court’s decision 

Next Steps  

The courts will continue to play a decisive role in determining the future of DACA. The Fifth Circuit and possibly the U.S. Supreme Court may ultimately decide whether the program can lawfully continue. In the meantime, the federal government’s response signals a strong commitment to protecting and sustaining DACA. 

Farmer Law PC will continue to monitor developments with respect to these and other policy changes and will post updates on our blog as additional information becomes available.