The Justice Department has outlined a plan that could allow new applications for the Deferred Action for Childhood Arrivals (DACA) program for the first time in four years. A federal judge in Texas will decide whether to adopt the proposal, which excludes Texas residents from obtaining work permits.
Federal Proposal Presented in Texas Court
The Department of Justice submitted a plan to U.S. District Judge Andrew S. Hanen on Monday, which would permit U.S. Citizenship and Immigration Services (USCIS) to resume accepting new and renewal applications for the Deferred Action for Childhood Arrivals (DACA) program.
If approved, the proposal would reopen a program that has been closed to new applicants since 2021, when federal courts limited its scope.
Texas Carveout a Central Feature
Under the proposal, DACA recipients across the United States could once again apply for protection from deportation and receive renewable two-year work permits. However, the plan carves out an exception for Texas, where recipients could apply for DACA protections but would be denied work authorization.
This carveout stems directly from Texas’s 2018 lawsuit challenging the legality of DACA. Judge Hanen, who presides over the case in Houston, has repeatedly ruled against the program. However, his decisions have been narrowed by higher courts. Attorneys representing DACA recipients have requested a limited wind-down period for Texas residents who already hold work permits, allowing them to renew their permits one more time before the restriction takes effect.
Program Background and Eligibility
DACA, created in 2012 by the Obama administration, grants two-year renewable permits to some illegal immigrants who came to America as children. It doesn’t grant them legal status or a chance to become a citizen. However, it does protect them from deportation and enables them to receive work permits.
To become eligible, the individual must have entered the United States before their 16th birthday, be under 31 years old as of June 15, 2012, and be eligible based on either education or military service. The individual should also have a clean background with no felonies or significant misdemeanors.
Legal Uncertainty Ahead
The proposal was made after decades of legal battles regarding the constitutionality of DACA. In 2022, the 5th U.S. Circuit Court of Appeals ruled that the program was unlawful but allowed existing recipients to continue receiving their protection as the legal process progressed. That ruling set the stage for the current round of proceedings before Judge Hanen.
Both the federal government and immigrant advocates have until October to submit additional responses to the proposal released on Monday. Judge Hanen will then decide whether to issue an order adopting the plan in whole, in part, or with modifications. Whatever decision emerges is likely to be appealed, which will likely result in further uncertainty for recipients and applicants.
Advocates Urge Preparation
Immigrant advocacy groups expressed cautious optimism at the possibility of reopening DACA. According to the Migration Policy Institute, about 1.1 million people nationwide may be eligible, in addition to the more than 533,000 recipients currently enrolled.
Advocates encouraged eligible individuals to begin preparing their applications and collecting required documentation, despite the unresolved legal process. Michelle Celleri of Alliance San Diego emphasized that families should be ready once a decision is issued. Others warned that even if new applications are accepted, future litigation could still alter or halt the program.
A Look Ahead
Judge Hanen’s ruling will determine whether thousands of young immigrants gain renewed access to DACA protections or remain in legal limbo. While the Justice Department’s plan provides a potential path forward, the Texas carveout underscores the ongoing conflict between state-led legal challenges and federal immigration policy.
Immigrant communities, legal experts, and state officials nationwide are closely watching the court’s next move. For now, DACA’s future remains uncertain, pending a decision in a single federal courtroom in Houston.
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