DACA Expected to Reopen: Here’s What It Means for Applicants and Work Authorization in 2025
Big developments could be arriving for the Deferred Action for Childhood Arrivals (DACA) program. According to a recent filing by the Department of Justice, USCIS plans to begin accepting and processing first-time DACA applications from foreign nationals currently not enrolled in the program.
This marks major news for undocumented immigrants currently residing in the U.S., as millions of people who qualify for DACA can now apply to receive protection from deportation.
What should U.S. immigrants know about DACA and its potential changes?
Established in 2012, the DACA program gives eligible children of undocumented immigrants protection from deportation and access to a renewable two-year Employment Authorization Document (EAD). The program has allowed foreign nationals who arrived in the U.S. as children to pursue college degrees and seek employment when they became adults. Right now, there are over 500,000 DACA beneficiaries residing in the United States.
Since 2021, USCIS has not processed new DACA applications after a federal district court placed a nationwide injunction on the program. This restriction was curtailed by the Fifth Circuit Court of Appeals on January 17, 2025, which ruled that only Texas had standing to challenge the program as unlawful. The judges also adjudicated in favor of existing DACA recipients, stating that they would continue to receive the program’s benefits regardless of residence.
As a result, attorneys for the federal government submitted a court filing that said it would resume processing DACA petitions, including lifting the ban on new applications nationwide. If applied as described, eligible foreign nationals could now be protected from deportation and receive work authorization if living outside of the state of Texas.
What are the restrictions new DACA recipients could face in Texas?
Because the injunction still applies to Texas, undocumented immigrants now eligible for DACA face several limitations if living there. While USCIS can defer initial Texas-based beneficiaries from deportation, the federal agency cannot provide them with an EAD. This means that, outside of foreign nationals already under DACA, newly approved recipients cannot work while living in that state.
There are exceptions to this restriction, however. Because an EAD cannot restrict where a holder can work in the U.S., new DACA recipients can still receive authorization if they reside outside of Texas. Furthermore, beneficiaries living in other states may also work for Texas-based companies as either commuters or remote employees. However, new DACA holders who move to Texas could lose their employment authorization.
Do DACA recipients have any employment restrictions?
Once they receive an EAD from USCIS, a DACA recipient can work in the U.S. for almost any employer or industry. Therefore, beneficiaries can apply to any job outside of federal employment, with the exception of temporary roles like translators and wildlife firefighters.
Below is a table outlining the benefits of DACA beneficiaries:
| Status | Protected from deportation? | Authorized to work in the U.S.?* | Notes |
| Existing DACA recipients | Yes | Yes | Renewal and work authorization processing continue nationwide while the partial stay remains in effect. |
| New applicants living outside of Texas | Yes | Yes | USCIS will adjudicate new DACA and work permit requests if an applicant’s address on file is outside Texas. |
| New applicants residing in Texas | Yes | No | May receive deferred action (protection from deportation) but cannot be granted work authorization or counted as “lawfully present” under the injunction. |
| Existing DACA recipients who move into Texas after approval | Yes | Subject to revocation | Beneficiaries would lose work authorization but continue to receive deferred-action protection while living in Texas. |
| DACA recipients who move out of Texas after approval | Yes | Yes (may reapply) | Once their address on file is updated to an address outside Texas, applicants may apply for a new EAD. |
Next steps for foreign nationals looking to apply for DACA
If USCIS’ proposal is implemented, undocumented foreign nationals should consult with immigration attorneys on whether they qualify for DACA. Becoming a beneficiary protects you from deportation, provides work authorization outside of Texas, and gives access to higher education in certain states.
Furthermore, DACA recipients have several protections from employer-based discrimination under federal law. Existing holders do not have to disclose their immigration status to hiring teams, and cannot be dismissed on the assumption or knowledge of their immigration status.
Undocumented immigrants based in Texas should be particularly cautious of USCIS’ proposal, as restrictions still apply to them. Specifically, new DACA recipients living there may have to relocate in order to obtain lawful work authorization.
Lastly, prospective applicants should be aware that DACA does not grant a direct route to lawful permanent residency. It only offers temporary benefits and deferred action. An immigration attorney can guide you through alternative options, including whether work-based visas might be available to you.
Unsure of how to apply for DACA? Manifest Law can answer any questions you have about the application process. Request a consultation with one of our attorneys today to learn how we can help you.
