Frequently Asked Questions: Latest DACA Developments

What is the current state of the DACA program?

On January 17, 2025, the Fifth Circuit Court of Appeals issued a decision, finding major parts of the Biden Administration’s DACA rule to be unlawful. However, the court also limited the impact of its ruling in key ways. The court kept the stay pending appeal, meaning current DACA recipients – across the U.S. – can still renew their DACA while the case makes its way through the courts. The court limited its decision to Texas, and sent the case back to the district court with an instruction to sever the forbearance from deportation provision from the work authorization, meaning that no more work permits would be granted (only protection from deportation). The mandate effectuating this ruling was issued on March 11. As a result, there is currently no legal limitation on the processing of pending or first-time requests in all 50 states, including Texas. In Texas, DACA will now only provide protection from deportation but not work authorization and driver’s licenses. You can read more about the practical effects of this decision and mandate here. It is important to note that current DACA recipients in Texas continue to have access to their current work permits. However, we are awaiting updated guidance from USCIS. We are also waiting to see how the district court judge implements the Fifth Circuit mandate. We are also monitoring to see how this will affect the availability and processing of DACA requests as well as what is happening in the courts and in the administration to confirm. Please check back with NILC and follow the Home is Here campaign for more legal analysis and resources as new information becomes available.

What happened in the TX v. US case before?

On October 5, 2022, the Fifth Circuit Court of Appeals issued a decision on the legality of the 2012 DACA policy. As anticipated, the Fifth Circuit agreed with the district court that DACA is unlawful on both procedural and substantive grounds—in other words, the 2012 DACA memo was unlawfully published without required notice-and-comment procedures, and the 2012 DACA memo violates the Immigration and Nationality Act. The Fifth Circuit also found that the State of Texas has “standing,” or the ability to bring its lawsuit against DACA, because it found that emergency Medicaid costs and public education costs for DACA recipients to be “injuries” suffered by the state. The Fifth Circuit remanded the 2022 DACA Rule to the district court to consider it in the first instance.

On October 14, 2022, the Texas district court had a hearing. At the hearing, the Federal Government clarified that it understands the district court’s injunction – which prohibits the consideration of first time DACA applications – to apply to the DACA Rule, and that it will continue not to process requests for DACA from first-time applicants, including those whose DACA has lapsed for more than a year. The court issued an order restating that the Federal Government continues to be prohibited “from granting DACA status for any new applicants.”

On October 31, 2022, the DACA Rule issued by the Department of Homeland Security rescinded and replaced the 2012 DACA memo. The rule generally adopted the 2012 DACA, including the current threshold criteria for qualifying for DACA, as well as the existing process for DACA applicants to request work authorization when applying for DACA. All current grants of DACA and advance parole issued under the 2012 DACA memo remain valid. Applications to renew DACA are now governed by the DACA Rule. Advance parole remains available for DACA holders. In addition, the DACA Rule clarifies that expunged convictions, juvenile delinquency adjudications, and convictions under state laws for immigration-related offenses are not considered disqualifying convictions when applying for DACA. The DACA Rule’s fee structure involves a fee for Form I-765 to request work authorization and a separate fee for Form I-821D to request DACA which includes biometrics (the current total fee to request DACA is now $555 if filed online and $605 if filed by mail). Though the Rule was set to take effect on October 31, 2022, the Federal Government has indicated that it understands the Texas district court’s injunction to extend the Rule. Accordingly, USCIS will continue processing and approving DACA renewal applications, but will not grant any initial applications for DACA, including first-time DACA applicants and renewal applicants whose previous grants of DACA expired more than a year ago.

On September 13, 2023, the Texas district court ruled that the DACA Rule is unlawful and the decision was appealed to the Fifth Circuit which heard the case on October 10, 2024.

On January 17, 2025, the Fifth Circuit Court of Appeals issued a decision modifying the injunction but keeping the stay pending appeal which would mean that renewals can continue for existing DACA recipients. The 5th Circuit limited its decision to Texas and sent the case back to the district court with an instruction to sever the forbearance from deportation provision from the work authorization, meaning that no more work permits would be granted (only protection from deportation). The mandate issued on March 11 is presumed to make these changes go into effect meaning that first-time requests should begin to be processed and be approved or denied in all 50 states, including Texas. However, we are awaiting updated guidance from USCIS. We are also waiting to see how the district court judge implements the Fifth Circuit mandate. It is important to note that current DACA recipients in Texas continue to have access to their current work permits.

What happened in the Batalla Vidal case in New York?

The most recent court action in Batalla Vidal took place on August 3, 2022. With Congress having failed to act and a proposed new DACA regulation still unfinalized, the Batalla Vidal plaintiffs (a nationwide class of all those who hold DACA or are DACA eligible) asked the New York court for relief for the approximately 100,000 individuals whose applications for first-time DACA, or renewal where their previous DACA expired more than one year ago, are stalled. Those individuals applied for DACA after the court ordered the government to re-open DACA for first-time applicants in December 2020, but whose applications were pending when a Texas federal court ordered the government to stop granting initial DACA applications in July 2021. We explained to the New York court that there is a space between the New York order and the Texas order that would allow the New York court to provide meaningful relief to the 100,000 first-time DACA applicants and lapsed renewal applicants who applied during that period and whose applications are still in limbo.

Unfortunately, on August 3, 2022, the New York court issued its decision, denying plaintiffs’ motion in its entirety. The New York court did not extend any relief to people with pending first-time DACA applications or whose DACA has lapsed for over a year.

The August 3, 2022 decision of the New York court is available here. More information for class members is available here.

Q: What does this mean for current DACA recipients and initial applicants?

For current DACA recipients, USCIS encourages renewals to be filed between 120 and 150 days prior to the expiration of your DACA. However, USCIS will accept your application before 150 days but may not process it until 150 days before your DACA expires. If your DACA expires in the next few months, we encourage you to renew as soon as possible.

If you are interested in filing a first-time request for DACA, we recommend that you exercise extra caution and consult with an immigration attorney or DOJ-accredited representative before filing your request to assess your personal risks before you move forward with an initial DACA request.

The current DACA program is subject to change based on court orders or federal government policy changes. Please check this website and the Guidance for DACA recipients and legal practitioners are available here for updates.

A: Get involved!

The back and forth in the courts make it clear that we need Congress to act now. Immigrants across the country are fighting to create a pathway to citizenship for all that is inclusive of DACA beneficiaries and their families.

Sign up for updates on our class action website: dacaclassaction.org.

Learn more about the Home Is Here Campaign to protect DACA recipients and their families by visiting the website: homeishere.us.