The Deferred Action for Childhood Arrivals (DACA) programme may soon accept new applications for the first time since 2021.
In a filing on 29 September, the Department of Homeland Security told a federal court that US Citizenship and Immigration Services (USCIS) is preparing to resume processing requests from undocumented young people brought to the US as children.
The move could affect thousands of potential applicants, but its implementation depends on approval from Judge Andrew Hanen, the same Texas judge who blocked new applications four years ago.
What DACA Does
Launched in 2012 by President Barack Obama following failed immigration reform efforts, DACA provides temporary protection from deportation and access to work permits for individuals known as 'Dreamers'.
Recipients gain:
- A renewable two-year reprieve from deportation.
- A work permit, Social Security number and, in many states, a driving licence.
But limits remain. DACA does not confer legal immigration status, permanent residency or a path to citizenship, and it remains vulnerable to ongoing lawsuits.
Eligibility Requirements For 2025
Applicants must satisfy strict conditions:
- Be under 31 as of 15 June 2012.
- Have arrived in the US before their 16th birthday.
- Have lived in the US continuously since June 2007.
- Be physically present on 15 June 2012, the date the policy was announced.
- Be in school, have graduated, obtained a GED, or been honourably discharged from the military or Coast Guard.
- Have no felony convictions, no significant misdemeanours and no more than three minor misdemeanours.
- Not pose a threat to national security or public safety.
As of March 2025, more than 525,000 people remained active DACA recipients.
The New Proposal
In its September filing, the government said USCIS would adjudicate both new applications filed before the 2021 injunction and those submitted after. The agency would also continue processing renewals for existing DACA holders.
The Trump administration has revealed plans to reopen the DACA program to new applicants to comply with a court order, though it cautions it retains the discretion to modify the Obama-era policy.
— Camilo Montoya-Galvez (@camiloreports) September 30, 2025
The plans would allow new eligible “Dreamers” outside Texas to get work permits. pic.twitter.com/MbM2xb8KBS
However, the Fifth Circuit Court of Appeals ruled that Texas residents cannot access work permits or lawful presence status, though they could still be shielded from deportation.
Immigration lawyers warn that moving between Texas and other states may complicate applicants' rights, creating a patchwork of benefits.
Immigrant advocacy groups stressed that no new applications will actually be approved until Judge Hanen signs off.
How To Apply
Applicants must submit three forms to USCIS:
- Form I-821D: Consideration of DACA.
- Form I-765: Employment Authorisation.
- Form I-765WS: Supporting worksheet.
The total filing cost is several hundred dollars, with fee waivers rarely granted except in cases of extreme hardship. Until Judge Hanen approves the plan, new applications can be filed, but will not be fully adjudicated.
Legal And Political Context
DACA has faced repeated legal threats. The path to this moment has been long and turbulent. In 2017, President Trump tried to end DACA entirely, a move that was blocked by the Supreme Court three years later.
In 2021, Hanen ruled the programme unlawful and barred USCIS from granting new applications. The Fifth Circuit upheld that decision in January 2025 but limited the injunction to Texas, prompting the current round of filings.
Republican-led states have argued the programme imposes costs on them, while Democrats and immigrant advocates insist it is vital protection for people who have known no other home. Congress has repeatedly failed to pass legislation that would provide a permanent solution.
What Happens Next
The next step lies with Judge Hanen, who must decide whether to allow the administration to proceed. Until then, USCIS continues to process renewals, but new applicants remain in a state of limbo.
The stakes are high. For many Dreamers who have aged into eligibility since 2021, the chance to apply for DACA could open up access to work, education and stability. For current recipients, the litigation highlights the precarious nature of their protections.
Whether DACA reopens broadly — or faces yet another round of restrictions — may depend not only on the courts but on whether Congress can finally agree on a legislative path for the hundreds of thousands of young people who have built their lives in the United States.
Originally published on IBTimes UK
