ACA Update 2025 | What the Latest Court Filing Means for First-Time Applicants | Demidchik Law Firm
2025-10-02 09:57
DACA Update: What the Latest Court Filing Means for First-Time Applicants
Latest Update (October 2025):
After a four-year freeze, the U.S. government has proposed resuming acceptance of new DACA applications. According to a recent federal filing, USCIS could soon process first-time requests nationwide — with the exception of Texas, where applicants would still be limited to deferred action only.
What is DACA?
Deferred Action for Childhood Arrivals (DACA) was established in 2012 by the Department of Homeland Security (DHS). The program protects certain undocumented individuals who came to the U.S. as children — often referred to as “Dreamers” — from deportation, and provides eligibility for work authorization.
To qualify, applicants must meet requirements regarding age at entry, continuous residence, education or military service, and good moral character. Importantly, DACA is not a pathway to permanent residency or citizenship. However, it has allowed hundreds of thousands of people to live and work lawfully in the U.S. on a renewable two-year basis.
A Brief History of DACA Litigation
2012–2016: DACA was created under President Obama. Attempts to expand it were blocked by the courts.
2017: The Trump Administration attempted to rescind DACA completely, sparking nationwide litigation.
2020: In DHS v. Regents of the University of California, the Supreme Court held that the rescission was improper, allowing DACA to continue but leaving it vulnerable.
2021: In Texas v. United States, a federal judge found DACA unlawful and prohibited USCIS from approving new applications. Renewals were allowed.
January 2025: The Fifth Circuit Court of Appeals narrowed the Texas injunction so it only applies within Texas.
Current Status of DACA
Renewals: Current recipients can still apply for renewals.
First-Time Applications: Since 2021, USCIS has been unable to approve new DACA cases — leaving applicants in limbo.
Legal Uncertainty: Courts continue to question DACA’s legality while preserving renewals due to reliance interests.
The Latest Court Filing (September 2025)
In late September 2025, the Department of Justice (DOJ) and DHS submitted a filing in Texas v. United States proposing a new path forward, reflecting the Fifth Circuit’s January 2025 ruling.
Outside Texas: USCIS could resume approving first-time DACA applications filed before and after the 2021 injunction. This would reopen DACA to new applicants nationwide, except in Texas.
Inside Texas: The injunction remains. Applicants in Texas could only receive deferred action (protection from deportation), without work permits or “lawful presence” status.
This creates a rare situation of geographic inequality — DACA could be fully available in most of the U.S. but restricted in Texas. Moving to Texas could even put existing benefits at risk. Bloomberg Law reports that this would be the first time in four years that USCIS may move forward with first-time DACA applications.
What Happens Next?
The government’s proposal still requires court approval. As of now, USCIS has not provided a timeline for when, or if, it will begin processing new DACA cases outside Texas.
For now:
Current recipients should continue filing timely renewals.
First-time applicants outside Texas may soon see progress if the plan is approved.
Applicants in Texas remain limited to deferred action only.
For official USCIS information and forms, visit the USCIS DACA page.
Conclusion
DACA’s future remains uncertain. The government’s latest court filing represents the first real opportunity in four years for first-time applicants to potentially benefit from the program — at least outside Texas. While this is an encouraging sign, it is not yet final, and the outcome will depend on further court rulings.
For official filing instructions and forms, visit the USCIS DACA application page. Please note that USCIS guidance is general in nature, and it may not address your specific circumstances.
At Demidchik Law Firm, our immigration attorneys are closely monitoring these developments. If you are a current DACA recipient, considering a first-time application, or have questions about how these changes may affect you, now is the right time to seek legal guidance.