DACA in 2025—Status Update and What It Means for Applications and Work Permits

A Shifting Landscape for Dreamers

The Deferred Action for Childhood Arrivals (DACA) program has undergone significant changes in 2025, creating uncertainty for hundreds of thousands of young immigrants across the United States. As immigration attorneys, we're seeing firsthand how recent court decisions are affecting our clients' lives, work opportunities, and future planning. This post breaks down what's happening with DACA right now and what it means for both current recipients and those hoping to apply.

Current Legal Status: What Happened in the Courts?

In January 2025, the 5th Circuit Court of Appeals delivered a significant ruling that declared the Biden Administration's 2022 DACA regulation unlawful. This decision builds on years of legal challenges to the program and creates a complex situation with different rules applying in different parts of the country.

The court specifically ruled that DACA (including the 2022 regulation) is unlawful but made an important distinction: while work authorization was rejected in Texas, the core deferred action protection could continue. This split decision has led to a patchwork implementation across the country.

Key aspects of the ruling:

• The Supreme Court appeal deadline passed without the government filing an appeal

• The case has returned to the Southern District of Texas for specific implementation guidance

• The ruling's effect is most severe in Texas, where work authorization faces additional hurdles

• USCIS has not yet issued comprehensive guidance on how to implement these changes nationwide

What This Means for Current DACA Recipients

If you currently have DACA status, here's what you need to know:

Renewals are continuing nationwide. Despite the legal challenges, USCIS is still processing DACA renewals across the country—including in Texas. Most renewals are being processed within 120 days, with median processing times of just 1-2 months based on recent data.

Work permits remain valid. If you have a current work authorization document through DACA, it remains valid until its expiration date. This is true even in Texas, where the court ruling created special challenges.

Renewal timing is critical. To avoid gaps in protection and work authorization, we recommend submitting renewal requests between 120 and 150 days (4 to 5 months) before your current DACA expiration date. This buffer helps account for any processing delays.

Online filing is now available. USCIS now allows DACA renewals to be filed online. To use this option, you'll need to create a USCIS online account to file Forms I-821D (DACA) and I-765 (Work Authorization).

New Applicants Face Continued Barriers

For those hoping to apply for DACA for the first time, the news is less encouraging:

Initial applications are still being accepted but not processed. USCIS continues to accept new DACA applications, but these applications are essentially being placed on hold rather than rejected outright. The agency is not processing or approving new applications at this time.

Filing fees are still collected. Even though new applications aren't being processed, USCIS still collects the filing fees when applications are submitted. This creates a frustrating situation for first-time applicants who pay fees but don't receive benefits.

Documentation should continue. For those who would qualify for DACA if the program were fully operational, we still recommend documenting presence in the United States. This could be valuable if policies change or if other forms of relief become available.

Regional Differences: Special Considerations for Texas Residents

The 5th Circuit's ruling has created special considerations for DACA recipients who reside in Texas:

Texas-specific implementation. The court case has been returned to the Southern District of Texas for state-specific implementation guidance. This means that DACA might function differently in Texas than in other states.

Work authorization complications. While renewals continue even in Texas, there are ongoing legal questions about work authorization specifically for Texas residents. Current work permits remain valid, but future renewals could face additional scrutiny.

Potential for expanded restrictions. There is concern that the Texas-specific restrictions could eventually expand to other states if similar legal challenges are filed elsewhere.

Advance Parole: Travel Considerations for DACA Recipients

Travel abroad has always been a sensitive issue for DACA recipients, and recent developments have made this area even more complex:

Advance parole still being granted. USCIS continues to grant advance parole to DACA recipients who meet the criteria for educational, employment, or humanitarian purposes.

Increased screening reported. We've received anecdotal reports of increased secondary screening for DACA recipients returning to the United States, even with valid advance parole documents.

Documentation is crucial. If you're a DACA recipient planning to travel abroad with advance parole, carry extensive documentation of your status, the purpose of your trip, and your ties to the United States.

Rare but serious incidents. There has been at least one reported case of a DACA recipient with advance parole being mistakenly deported upon return. While this appears to be an isolated incident, it underscores the importance of legal representation when traveling.

Practical Tips for DACA Recipients in 2025

Given the current uncertainty, here are some practical steps DACA recipients should consider:

Renew early. Don't wait until the last minute to file your DACA renewal. The recommended window is 120-150 days before expiration.

Keep documentation current. Maintain an organized file of all your DACA-related documents, including approval notices, work permits, and any correspondence with USCIS.

Stay informed about your case. If you've filed online, check your USCIS account regularly for updates. If you filed by mail, use the case status tools on the USCIS website.

Consider alternative options. Some DACA recipients may have become eligible for other immigration benefits since their initial application. Consult with an immigration attorney to explore all possible paths to status.

Be cautious with travel. If you need to travel abroad with advance parole, consult with an immigration attorney beforehand and carry complete documentation.

What to Watch For: Future Developments

Several important developments could affect DACA in the coming months:

USCIS guidance. We're still waiting for comprehensive guidance from USCIS on how to implement the recent court decisions, particularly regarding the differentiation between Texas and other states.

Potential legislation. Congress could act to provide a more permanent solution for Dreamers, though immigration legislation has faced significant hurdles in recent years.

Further court challenges. Additional legal challenges could either further restrict or potentially expand DACA protections, depending on the jurisdiction and the specific issues raised.

State-level actions. Individual states might implement policies that either support or further restrict DACA recipients within their borders.

Conclusion: Moving Forward with Caution and Preparation

The status of DACA in 2025 remains precarious, caught between court decisions, administrative policies, and political considerations. For the approximately 800,000 young people who have benefited from this program, this uncertainty creates real challenges for education, employment, and family planning.

At Rocesq LLC, we recommend that DACA recipients take a proactive approach:

• Stay informed about policy changes

• Renew your status early

• Maintain comprehensive documentation

• Consult with an immigration attorney about your specific situation

• Explore all possible paths to more permanent immigration status

While DACA's future remains uncertain, proper preparation and legal guidance can help navigate these challenging times. Our team at Rocesq LLC remains committed to supporting Dreamers and their families through these complex legal developments.

For personalized guidance on your DACA situation, contact our immigration team at http://rocesq.com.