What is Actually Happening with DACA?

There’s a lot of chatter going around about what is happening with Deferred Action for Childhood Arrivals (DACA). In particular, there is some misinformation regarding initial applications. The short of it is this: the status quo remains. Nothing has changed for now. DACA renewals remain open and initial applications have not restarted.

What is happening? What’s all the news about?

On Monday, Sept. 29, parties in the Texas v. United States DACA case before Judge Hanen submitted briefs in response to a July court order by Judge Hanen. These briefs are simply proposals for how each party thinks the judge should move forward with the implementation of the 5th Circuit’s decision in the case (see NILC’s FAQ and MALDEF’s summary for more information breaking down that decision).

What’s next?

The Sept. 29 briefs were just the first set of briefs expected. Responses to these briefs are due Oct. 20, and replies to those responses are due on Oct. 27. After that, Judge Hanen will then schedule a hearing to further hear from the parties or issue instructions based solely on the brief filings. This is why nothing has changed for now. We must wait for Judge Hanen’s instructions following the briefing period, in which he will determine how U.S. Citizenship and Immigration Services (USCIS) will implement the changes to Texas DACA applications and all initial applications.

What else should I be aware of?

The Trump administration has not been honoring DACA protections. We have seen dozens of DACA recipients and immigrant youth arrested and detained these last few months. The comments and actions of the Department of Homeland Security (DHS) have been alarming, but we will not stay silent. We must stay vigilant and fight back. Recent victories like that of Paulo and Xochitl remind us of the power of coming together and fighting back.

What to do now? 

Stay informed. Follow credible sources for accurate updates and information on what’s happening.

Follow NILC on social media: Bluesky, Instagram, and Facebook.

Follow United We Dream on social media: Bluesky, Instagram, and Facebook.

Check out homeishere.us/daca-guidance and informedimmigrant.com for updated guidance and resources for DACA recipients.

Be prepared. Make a plan with your loved ones in case you have any interaction with law enforcement. Download and set up the ReadyNow! App, a free and secure app to help you prepare for possible detention.

The news cycle can be confusing and overwhelming in times like this. But you are not alone.  We’re in this fight together.