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Justice Department Plan Would Reopen DACA to New Applicants Nationwide, With a Texas Carveout on Work Permits

The proposal seeks to satisfy a 5th Circuit mandate that confined DACA restrictions to Texas and now awaits a ruling from Judge Andrew Hanen.

Overview

  • USCIS would accept initial DACA requests outside Texas with deportation protection and work authorization, while Texas approvals would confer only deferrals without work permits and would not count as lawful presence.
  • The Justice Department outlined the approach in a court filing, and processing will begin only if Judge Andrew Hanen issues an order authorizing next steps.
  • The plan responds to a January 5th Circuit decision that deemed DACA unlawful yet limited the injunction to Texas and paused impacts on current beneficiaries.
  • DACA has been closed to first-time applicants since 2021, more than 525,000 people are enrolled nationwide with nearly 88,000 in Texas, and renewals remain available.
  • Advocacy groups urged eligible recipients to renew, flagged misinformation and recent detentions, advised some applicants to relocate from Texas, and noted GOP-led states are pressing the court to start a full wind-down.