D.A.C.A Update: Will The Government Reopen The Program?

Marcela Knaup
Oct 1
2 min read

A Critical Update on the Future of Deferred Action for Childhood Arrivals

In a potentially monumental shift, federal immigration officials have outlined plans to resume processing new, initial applications for the Deferred Action for Childhood Arrivals (DACA) program. This news, filed in a Justice Department court document, represents the first real possibility in years that the program could reopen to a generation of young, eligible Dreamers who have been blocked from applying since 2021.

What the New Plan Proposes

The move comes in response to a complex ruling from the 5th Circuit Court of Appeals, which narrowed the scope of a prior court order that deemed DACA unlawful. Here’s the proposed path forward, pending approval from U.S. District Court Judge Andrew Hanen:

For Applicants Outside of Texas: USCIS plans to accept and process new DACA applications, which would grant both protection from deportation (deferred action) and a two-year work permit.
For Applicants Residing in Texas: Due to the ongoing injunction in the state that challenged the program, new applicants would only be eligible for deferred action (protection from deportation) but not work authorization.
A Word of Caution: The administration noted that these plans do not prevent the Department of Homeland Security from making future lawful changes to DACA, underscoring the temporary nature of this relief.

Our greatest hope is that U.S. District Court Judge Andrew Hanen will approve this plan swiftly, allowing USCIS to finally begin processing the backlog of initial DACA cases that have been frozen for years.

We stand with all Dreamers and continue to urge a permanent legislative solution from Congress that removes the cloud of uncertainty and provides a pathway to citizenship. This is the only way to truly honor the contributions of these young Americans. Please contact us if you have any questions about this information.