Federal Officials Detail DACA Reopening for New Applicants, Legal Challenges Remain

Federal immigration officials have unveiled comprehensive plans to reopen the Deferred Action for Childhood Arrivals (DACA) program to new applicants. This move comes in direct compliance with a recent court order, though the administration has cautioned that it retains the authority to modify the Obama-era policy.

U.S. Citizenship and Immigration Services (USCIS) is preparing to accept and process initial DACA applications from immigrants not currently enrolled in the initiative. The DACA program presently protects over half a million “Dreamers” from deportation, allowing them to live and work in the U.S.

The Justice Department confirmed these plans in a recent court filing, outlining the government’s strategy to adhere to a January order from the 5th Circuit Court of Appeals. While the appeals court upheld a lower court’s finding that the DACA program is unlawful, it significantly narrowed the ruling’s scope, applying it only to Texas and pausing its impact on existing DACA beneficiaries.

Under the proposed plan, new applicants in all states outside of Texas who receive approval will be eligible for DACA’s deportation protections and work permits. However, Texas residents approved for DACA will only qualify for deportation deferrals, not work authorization, and will not be considered lawfully present in the U.S. Moving to Texas could also result in the revocation of work permits for existing recipients.

This development unfolds amidst a continuing legal battle, with Republican-led states challenging DACA’s legality. In a separate filing, these states have urged U.S. District Court Judge Andrew Hanen to order a complete wind-down of the program, including for current recipients, arguing that Congress should determine the fate of DACA beneficiaries. Despite previous attempts to terminate DACA, the Trump administration has not yet articulated a definitive long-term plan for the program.

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