DACA Could Resume for New Applicants With Limitations for Recipients in Texas

Thong Le
22 hours ago
3 min read

Big news may be on the horizon for Dreamers. For the first time since 2021, the government has proposed a plan that could allow new DACA applications to be processed again. But there’s a big catch: under this proposal, residents of Texas would not get the same benefits as those living in other states.

This development is still tied up in the courts, but if approved, it could mark the first real opening for new DACA applicants in years. Let’s break down what this means and why it matters.

The Legal Backdrop

DACA, or Deferred Action for Childhood Arrivals, has faced constant legal challenges since its creation in 2012.

In 2021, a Texas federal judge issued an injunction blocking USCIS from granting new DACA applications, although renewals for current recipients were still allowed.
In January 2025, the Fifth Circuit Court of Appeals ruled that DACA is unlawful but narrowed the injunction so it only applies in Texas. That ruling created the possibility for new applications to move forward outside of Texas.

Now, in a recent court filing, the government has proposed a plan to align with that ruling.

The Government’s Proposal

Here’s what the plan would do if the court approves it:

Outside Texas: USCIS would accept and process initial DACA applications, whether filed before or after the 2021 injunction. Approved applicants could receive deferred action, work permits, and lawful presence classification.
In Texas: Initial DACA applicants would only be eligible for deferred action — protection from deportation — but not for work authorization or lawful presence status.
Moving to or out of Texas: If a DACA recipient relocates to Texas, they could lose their work authorization under the proposal. If applicants move outside of Texas, they could apply for work authorization and be considered lawfully present for the remainder of their DACA approval period.

At this point, USCIS has not announced a timeline or implementation plan. Everything depends on court approval.

Why This Matters

This proposal would be the first reopening of DACA to new applicants in over four years. For thousands of young people who arrived in the U.S. as children but never had the chance to apply, this could be life-changing.

But it also raises serious concerns:

Geographic inequality: Dreamers in Texas would be left with fewer protections than those in other states.
Employment risks: Losing or never obtaining work authorization means many applicants in Texas would remain unable to work legally, even if they qualify in every other way.
Ongoing uncertainty: Since the program’s future still depends on the courts, applicants face risk in gathering paperwork and applying without knowing whether the policy will last.

New USCIS Memo on DACA Termination

Alongside the government’s filing, USCIS also issued a new policy memorandum affecting current DACA recipients.

The memo states that USCIS officers may issue a Notice of Intent to Terminate (NOIT) in cases where a DACA recipient has attempted to unlawfully purchase a firearm. Recipients facing a NOIT will have the opportunity to respond, but this signals a tougher stance on enforcing DACA’s discretionary nature.

What Applicants Should Do Now

Although the proposal is not yet approved, potential applicants can prepare by:

Collecting evidence of identity, continuous residence, and education, since these are required for DACA applications.
Documenting your residence carefully, as being in or out of Texas could determine what benefits you receive.
Renewing promptly if you are a current DACA recipient, since renewals remain unaffected.
Avoiding legal risks that could threaten your eligibility, especially those highlighted by the new firearm policy.

Bottom Line

The government’s filing could open the door for new DACA applicants for the first time in years, but the plan treats Texas differently from the rest of the country. Until the court rules, nothing is final. In the meantime, Dreamers should stay informed, prepare their paperwork, and understand the risks.

If you are interested in applying for DACA for the first time or have questions about how these potential changes could affect your case, it’s important to speak with an experienced immigration attorney. Contact Tran Flores Law today at (512) 894-9984 to schedule a consultation. We are here to help you understand your options and protect your future.