DHS Plans to Resume Processing of Initial DACA Applications Following Court Ruling

The Department of Homeland Security (DHS) announced that it intends to begin processing new Deferred Action for Childhood Arrivals (DACA) applications, lifting a pause that has been in place since 2021. The announcement follows a recent decision from the U.S. Court of Appeals for the Fifth Circuit, which narrowed a lower court’s order that had blocked initial requests for DACA protections nationwide.

Background on DACA

Created in 2012, DACA provides protection from deportation and work authorization for certain undocumented immigrants—often referred to as Dreamers—who were brought to the United States as children. To qualify under the original framework, applicants had to have arrived before age 16, lived continuously in the U.S., and been under the age of 31 as of June 15, 2012.

Since 2021, new applicants have been barred from filing, though over 500,000 current DACA recipients have continued to renew their protections and work permits while litigation moved forward.

The Court’s Ruling

In January 2025, the Fifth Circuit Court of Appeals ruled that DACA was unlawful, but allowed current protections to remain in place temporarily. Importantly, the appellate court limited the lower court’s nationwide injunction on new applications to Texas only. As a result, DHS has now indicated it will resume adjudicating new applications outside of Texas, while continuing renewals for existing recipients nationwide.

Impact on Applicants

• New Initial Applications: USCIS will begin accepting and processing initial DACA applications filed both before and after the 2021 injunction.

• Texas Residents: Individuals residing in Texas may only be eligible for “deferred action” (protection from deportation) and would not receive work authorization or a classification of lawful presence. Moving to Texas could jeopardize an applicant’s work authorization.

• Renewals: Current DACA recipients may continue to file renewal applications regardless of state of residence.

What’s Next

The court overseeing the case, Texas v. United States (No. 1:18-cv-00068), must still confirm how the Fifth Circuit’s decision will be applied in practice. Advocacy groups, including the Mexican American Legal Defense and Educational Fund (MALDEF), are urging the court to clarify that DHS is free to accept and adjudicate new applications.

For now, the plan to reopen initial filings marks a significant development for Dreamers who have been waiting years for the chance to apply. The timeline for implementation, however, will depend on further court guidance.

Reach out to Vong Law Group if you have questions about your new DACA application or renewal.