DACA Update: New Government Proposal Under Review

More than half a million DACA recipients continue to benefit from protections and work authorization while the future of the program remains uncertain. Although new DACA requests have been blocked since 2021, the U.S. Court of Appeals for the Fifth Circuit ruled DACA unlawful in January 2025 but allowed existing protections to continue .

A new proposal by the Trump administration would resume processing of initial DACA applications, with special restrictions for applicants who reside in Texas. Under this proposal, U.S. Citizenship and Immigration Services (USCIS) would determine an individual’s state of residence based on their most recent address on record. The plan must first be approved by the district court before taking effect, with a decision expected no earlier than October 27, 2025.

If approved, USCIS will begin adjudicating initial DACA applications that have been pending since July 16, 2021. Initial applicants residing in Texas would not be eligible for work authorization, while existing DACA recipients would only see changes to work authorization if they move to or from Texas. USCIS will also notify applicants and recipients to confirm their addresses before processing their cases. Full DACA FAQ from Monty & Ramirez can be found here: https://conta.cc/4nzw3Wa

Supreme Court Ends TPS for Venezuelans – What Happens Next

On Friday, October 3, 2025, the U.S. Supreme Court allowed the Trump administration to move forward with ending Temporary Protected Status (TPS) for Venezuelan nationals. The Department of Homeland Security (DHS) has announced a 60-day transition period – from September 8 to November 7, 2025 – which is the legally required notice before TPS officially ends.

Here’s what this means for Venezuelan TPS holders:

• If you did not re-register for TPS between January 17 and September 10, 2025, your work permit (EAD) will expire on November 7, 2025.
• If you did re-register, your EAD will stay valid until April 2, 2026.

DHS confirmed that it will not provide any extra time beyond this 60-day transition period.

Automatic EAD Extension for Venezuelan TPS Holders

Following a federal court order (May 30, 2025), certain Venezuelan TPS holders are eligible for automatic work permit extensions:

• Applies to those who re-registered under the Jan. 17, 2025 Extension of the 2023 TPS Designation.
• Your EAD, Form I-797, or Form I-94 with an October 2, 2026 expiration date issued on or before Feb. 5, 2025 remains valid.
• If you filed a Form I-765 (EAD renewal) before Feb. 6, 2025, your prior EAD (expiring Sept. 10, 2025 or Apr. 2, 2025) is automatically extended up to 540 days.

Proof of Work Authorization:

• TPS-related EAD with a Sept. 10, 2025 or Apr. 2, 2025 expiration date, and
• Form I-765 receipt notice with a received date before Feb. 6, 2025.

Federal Government Shutdown Impact

Congress’s failure to pass a spending bill has resulted in a federal government shutdown.

• USCIS remains open, funded through application fees.
• DHS and EOIR operations are limited, and many immigration court hearings are being delayed or postponed.

Takeaway: Expect longer processing times and hearing delays until the government fully reopens.

Federal Judge Blocks Policy to Detain Migrant Children in Adult Facilities

A recent federal court ruling has temporarily halted a policy from the Trump administration that aimed to automatically transfer unaccompanied migrant children into adult detention facilities upon turning 18. U.S. District Judge Rudolph Contreras issued a temporary restraining order, citing violations of a 2021 court decision that mandated the release of such individuals into the least restrictive setting possible. This move prevents U.S. Immigration and Customs Enforcement (ICE) from detaining these young adults unless they pose a danger or flight risk. Monty & Ramirez LLP will continue to monitor this evolving situation and provide updates as new developments occur.

USCIS to Launch Updated Naturalization Test in October 2025

USCIS has announced a major update to the civics test required for U.S. naturalization. Individuals who submit their applications on or after October 20, 2025, will be tested under the new changes. The new test represents what officials are calling a “multi-step overhaul” designed to strengthen the integrity of the citizenship process. Among the most notable changes, applicants will now be asked 20 civics questions during their interview and must answer 12 correctly to pass – an increase from the current 10-question format. The total pool of potential study questions will also expand from 100 to 128, focusing more closely on U.S. history and government while removing geography-related topics.

The revised format will include more open-ended questions to encourage deeper understanding rather than memorization. Exceptions remain in place for applicants 65 or older who have been lawful permanent residents for at least 20 years; they will continue to take a simplified version of the test with a smaller set of questions. USCIS has not yet released the final question list but plans to do so before implementation, along with additional initiatives to “enhance the integrity of the naturalization process.” Learn more about these changes and study resources at the USCIS Citizenship Resource Center

USCIS Adds Electronic Payment Option for Family Immigration Fees

USCIS now allows family-based petition and application fees to be paid electronically via ACH debit from a U.S. bank account using Form G-1650, or by credit card using Form G-1450. Paper checks and money orders will be accepted only until October 28, 2025; after that, USCIS will accept only ACH debit or credit card payments. Applicants without a U.S. bank account may use Form G-1450 with a credit or prepaid card. Applications may be rejected if payments are denied.

Health Care Misconceptions

Recent misinformation has falsely suggested that undocumented immigrants receive “free health care.” In reality, most are excluded from federal health programs and must pay out-of-pocket for medical services. Emergency medical care remains the only universally accessible option.

Takeaway: Be informed—undocumented immigrants have very limited access to health care and do not receive free federal benefits.

USCIS to Enforce Consequences for Aliens Who Falsify Information – Prepare Now with a Plan

USCIS has announced stricter rules for people who provide false information on immigration applications, especially false claims of being a U.S. citizen. Lying or using fake documents to get an immigration benefit can result in very serious consequences, including being found inadmissible to the United States. The updated guidance makes clear that immigration fraud will not be tolerated, and USCIS officers will carefully review cases to determine if someone knowingly provided false information. This policy is effective immediately and applies to all current and future applications.

At Monty & Ramirez LLP, we believe preparation is power. There’s no magic fix for immigration challenges—but with Plan Prepárate, the Prepare and Protect Plan, families gain something stronger: a real plan and rapid access to experienced legal defense when it matters most. Call 281-493-5529 today to see if you or your family member qualifies for Plan Prepárate, the Prepare and Protect Plan.

October 2025 Visa Bulletin

Dates for Filing: