Court Document Outlines Administration’s Plan to Resume DACA

The Administration filed a response in Texas v. United States stating that it plans to resume processing initial DACA applications for applicants residing outside of Texas. New DACA requests had been blocked by a district court injunction since 2021. In a January 2025 ruling, the Fifth Circuit narrowed that injunction to apply only in Texas. The government proposes that USCIS would adjudicate initial applications filed before and after the injunction for applicants residing outside of Texas. Under the plan, applicants residing in Texas would only receive deferred action, not a work permit or lawful presence classification. Relocating to Texas could risk a DACA recipient’s continued employment authorization. The plan is contingent on court approval, and USCIS has not provided any information on a timeline or implementation if it is approved. (Texas v. United States, 9/29/25)