NextFin news, The federal government may soon resume accepting new and renewal applications for the Deferred Action for Childhood Arrivals (DACA) program, which grants certain undocumented immigrants the ability to live and work legally in the United States. This development was outlined in legal proposals presented on Thursday, October 2, 2025, in a federal court in Texas.
Lawyers representing the federal government and immigrant advocates submitted plans before U.S. District Judge Andrew S. Hanen in Houston as part of a six-year-old lawsuit filed by the state of Texas challenging the DACA program. The proposals aim to reopen the application process nationwide, which has been paused for four years.
DACA, established under the Obama administration, provides two-year renewable permits to individuals who were brought to the U.S. as children without legal immigration status. The program offers protection from deportation and work authorization but does not confer legal status.
Eligibility criteria for DACA include having entered the U.S. before the age of 16, being under 31 years old as of June 15, 2012, and having no felony or significant misdemeanor convictions. Currently, over 533,000 individuals are enrolled in the program, with an estimated 1.1 million more potentially eligible nationwide, according to the Migration Policy Institute.
However, the proposals include a significant caveat for Texas residents. While U.S. Citizenship and Immigration Services (USCIS) would accept new and renewal applications from Texas, individuals residing in the state would not receive work permits. This restriction stems from Texas's 2018 lawsuit against DACA, which led to a 5th U.S. Circuit Court of Appeals decision allowing the program to continue but excluding work authorization in Texas.
Attorneys for DACA recipients have suggested a wind-down period allowing Texas residents to maintain their work authorization for one additional renewal cycle. The federal government and DACA advocates have until later in October to respond to the proposals before Judge Hanen issues a ruling on the matter.
Immigrant rights groups urge potential applicants to prepare their documentation in anticipation of the program's reopening. Michelle Celleri, Legal Rights Director for Alliance San Diego, stated, "While we are still waiting for an official decision, we believe our communities and families should be prepared and begin gathering the required documents. When the DACA application process reopens for first-time applicants, Alliance San Diego will be here to support you with dignity along the way."
Some advocates remain cautiously optimistic, noting that the government's filing leaves room for future lawful changes to DACA. Juliana Macedo do Nascimento, spokesperson for United We Dream, highlighted concerns about ongoing deportations of DACA recipients despite the program's protections.
As of now, no official decision has been issued, and the program's resumption depends on the court's forthcoming order. The federal government's proposal marks a significant step toward restoring access to DACA work permits for many eligible individuals across the country, excluding Texas.
Source: The Associated Press, Herald-Banner, NewsBreak (October 2, 2025)
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