Dreamers May Soon Get a New Path to Apply for DACA

Federal immigration officials have confirmed that they are preparing to once again accept new applications for Deferred Action for Childhood Arrivals (DACA), following a directive from the 5th Circuit Court of Appeals. This marks a significant shift for the program, which has been closed to first-time applicants since 2021 due to ongoing litigation.

Created in 2012, DACA offers temporary protection from deportation and work authorization to certain undocumented immigrants, often referred to as Dreamers. To qualify, applicants must show that they entered the United States before turning 16 and prior to June 2007, are enrolled in school or served in the military, and have no serious criminal record. While more than half a million people currently rely on DACA renewals, new applications have been on hold for years.

U.S. Citizenship and Immigration Services has now laid the groundwork to process initial requests once U.S. District Court Judge Andrew Hanen issues the next order in the case. However, eligibility will vary depending on where applicants live. Those living outside Texas could be granted both deportation protection and work permits, while applicants residing in Texas would only receive a temporary reprieve from deportation without employment authorization or lawful presence. Importantly, individuals who later move to Texas risk losing their work authorization.

The appeals court recently upheld Judge Hanen’s finding that DACA is unlawful, but limited the ruling’s effect to Texas. At the same time, a coalition of Republican-led states is continuing to press for a complete termination of the program, arguing that only Congress has the authority to decide the fate of Dreamers. Federal officials have emphasized that the Department of Homeland Security retains the discretion to make future changes to DACA, adding another layer of uncertainty.

If the program does reopen to first-time applicants, it will be the first opportunity in several years for eligible Dreamers to apply. Still, the legal challenges remain unresolved, leaving the future of DACA and the lives of hundreds of thousands of young immigrants uncertain, especially for those in Texas who would face stricter limits.