DACA Update - October 1, 2025
Since the previous Trump administration and Republican operatives attempted to kill the Obama administration’s Deferred Action for Childhood Arrivals (“DACA”) through a combination of litigation and executive action back in 2017, USCIS has not been approving “initial” DACA applications, but has been processing “renewal” applications.
This may finally change, although it’s too soon to get excited.
Based on a federal court ruling in January, the Department of Homeland Security claimed in a September 29 court filing that it might once again process and approve initial DACA applications.
For now, potential DACA applicants with “initial” filings as defined above should contact their immigration lawyers to discuss next step plans. If you have any immigration-law related questions, please consult an attorney. We offer free consultations.
For more background, what is an “initial” DACA application versus a “renewal”?
An “initial” DACA application is one that is filed either (a) by a first time applicant who never had DACA status; or (b) by a prior DACA applicant who let their status expire for more than one year before attempting to renew.
During the Biden administration, USCIS began accepting “initial” DACA applications, but was not permitted to process/approve them due to the Republican litigation efforts since 2021. These Trump and Republican actions left thousands of otherwise law-abiding members of our community without a lawful means to work in the United States, and without protection from deportation/removal, simply due to paperwork issues.
Recently, the U.S. Court of Appeals for the Fifth Circuit held in January 2025 that DACA is unlawful; however, the Fifth Circuit maintained a “stay” of a prior order, thereby continuing protections for certain DACA recipients. Also, this Fifth Circuit decision whittled down a nationwide injunction on new benefits, saying that it applies only to the State of Texas, where the initial case was filed by the Republicans.
U.S. Citizenship and Immigration Services might begin processing and approving “initial” DACA applications that were filed either before, or after, the 2021 injunction. However, Texas residents appear likely to receive “deferred action” but not work authorization.
The reason we’re not yet celebrating: Republicans are trying to argue that DACA should be killed across the country, based on the Fifth Circuit’s decision. To read more about the case, you can see Texas v. US, S.D. Tex., No. 1:18-cv-00068.
To talk with an experienced attorney about your DACA options, see the scheduling link below.
