For the first time in four years, the federal government has outlined plans to begin processing initial applications for the Deferred Action for Childhood Arrivals (DACA) program. This development comes in response to ongoing litigation and reflects the Justice Department's recent filing in federal court.

Key Points from the DOJ Filing

According to the Department of Justice, the federal government intends to move forward with processing new DACA applications — but with a significant restriction. The relief will apply nationwide except in Texas.

·       Texas-Specific Limitation: Individuals residing in Texas may still obtain deferred action (protection from deportation), but they will not be eligible for employment authorization or lawful presence under federal regulations.

·       Moving Between States: DACA recipients who move from outside Texas into the state risk losing their work authorization. Conversely, moving out of Texas and properly updating one's address with USCIS could restore eligibility for a work permit.

·       Renewals: Current DACA recipients across the country, including in Texas, may continue to renew their deferred action for now. However, employment authorization for Texas residents is restricted.

Why This Matters

DACA has been in legal limbo for over a decade, with multiple court challenges questioning its legality. While courts have consistently recognized the importance of protecting individuals who came to the U.S. as children, recent rulings have narrowed the government's ability to implement the program.

The Justice Department emphasized that the Fifth Circuit Court of Appeals has limited relief to Texas alone, as Texas is the only state found to have shown a particularized injury from DACA's implementation. This geographic distinction creates a patchwork of protections and obligations, leaving many recipients in uncertainty.

Guidance for DACA Recipients and Applicants

Advocates stress the importance of staying informed and not relying on misinformation spreading online. Some key reminders include:

·       No Immediate Openings: Initial applications will not be accepted until the court finalizes its ruling and USCIS publishes guidance.

·       Renewals Remain Crucial: Current DACA holders should continue to file renewal applications as soon as possible to preserve protections.

·       Address Updates: Anyone with a pending or approved DACA case must keep their address current with USCIS within 10 days of moving. This is especially critical given the state-based distinctions in the new proposal.

Broader Implications

More than half a million immigrants rely on DACA protections nationwide. Many serve as teachers, health care workers, business owners, and community leaders. The government's latest proposal underscores both the fragility of the program and the pressing need for a permanent legislative solution.

Until Congress acts, DACA recipients remain subject to shifting rules, court injunctions, and geographic disparities. As the Justice Department itself noted, these proposals “do not limit DHS from undertaking any future lawful changes to DACA.”

Saluja Law will continue to monitor developments closely and provide updates. If you are a current DACA recipient or a potential applicant, consult an experienced immigration attorney before making decisions about moving, renewing, or applying under the new framework.