A new proposal by the Trump administration would resume processing initial DACA applications, with certain restrictions for DACA applicants and recipients whose state of residence is Texas. U.S. Citizenship and Immigration Services (USCIS) would determine an individual’s state of residence by the most recent physical address on record with them. This proposal is subject to approval by the district court prior to implementation.  

 WHAT?  

If approved, USCIS will soon begin adjudicating initial DACA applications filed before and after the 2021 injunction. Work authorization eligibility for initial applicants will depend on an applicant’s state of residence 

 WHO?  

Initial DACA Applicants: Any new applicant who failed to file for DACA previously and has a pending initial Form I-821D either before or after the 2021 injunction. An initial applicant who resides in Texas at the time of adjudication will not be eligible for work authorization. 

 Existing DACA Recipients: All DACA recipients who received their initial DACA status prior to July 16, 2021. At the moment, work authorization eligibility will only be affected if a renewal recipient or requestor moves to or from Texas. 

 WHEN?  

The government’s proposed implementation for DACA applications is pending a final decision by U.S District Court Judge Hanen. Judge Hanen’s decision on the proposal is expected no earlier than October 27, 2025. 

 If the proposal is approved, USCIS will begin implementation by first sending out communications to all DACA applicants and recipients reminding them of their obligation to have an updated address on file with USCIS and informing them of the effect of moving to or out of Texas. This communication will likely have a deadline for applicants to update their address before USCIS adjudicates their applications. 

  FREQUENTLY ASKED QUESTIONS (FAQ): 

If the DHS Proposal is Approved by the District Court… 

• What happens if I am an existing DACA recipient and reside in Texas currently? 
  • Under the government’s proposal, USCIS will continue to adjudicate DACA and EAD renewals for existing DACA recipients who reside in Texas. Further orders by the district court may affect EAD eligibility for Texas residents renewing DACA. 
  • USCIS has proposed creating a new Class of Admission (COA) code for DACA recipients residing in Texas. This Texas-specific COA would mean DACA recipients would not be considered lawfully present under 8 C.F.R. § 1.3(a)(4)(vi) and 8 U.S.C. §1182(a)(9) 

• What is the impact of accruing unlawful presence? DACA recipients now do not accrue unlawful presence. Will that change? 
  • Accruing unlawful presence impacts an individual’s eligibility for certain immigration benefits. 
  • Under the new proposal, DACA recipients (both initial applicants and existing recipients) residing in Texas would begin to accrue unlawful presence. Individuals with DACA outside of Texas will still be considered “lawfully present” for immigration purposes. 

• I requested DACA after the 2021 injunction and have since moved out of Texas, what do I need to do? 
  • You will need to update your address with USCIS so that they can adjudicate your DACA and EAD based on your state of residence. 

• How is my work authorization eligibility affected if I reside in another state but work in Texas? 
  • USCIS will adjudicate initial applications based on an individual’s state of residence not their state of employment. 
  • Employment authorization is not state-specific, therefore a DACA recipient residing outside of Texas who receives a DACA-based EAD would be employment authorized everywhere in the United States, including in Texas.

• I live in Texas and have a pending initial DACA application with USCIS, what will happen to my application? Will it be adjudicated? 
  • USCIS will adjudicate your pending DACA application, and if approved, grant you deferred action. 
  • However, USCIS will reject and refund the filing fee for a related application for employment authorization if a Form I-765 is filed requesting a DACA-based EAD.

• What will happen to my pending request for a DACA Travel Document? 
  • USCIS has not yet changed its’ guidance on travel documents for DACA recipients. 

• I previously applied for DACA, but I failed to file the extension. Under the new proposal, will I be able to file for DACA protection, Deferred Action? Under the new proposal, will I be able to file for DACA EAD or DACA Travel Document? 
  • At this time, the administration has not issued further guidance on whether late-filed DACA renewals will be adjudicated differently. 

• Under the new proposal, will younger individuals be eligible to file for DACA? 
  • USCIS will adjudicate initial DACA applications pursuant to the 2022 DACA regulations: 
    • • the applicant must have come to the United States at or before the age of 16; 
      • have continuously resided in the U.S. since June 15, 2007; 
      • were present in the U.S. on June 15, 2012; 
      • were under the age of 31 on June 15, 2012; 
      • have graduated, be currently enrolled in school, or be honorably discharged from the armed services; and 
      • not have been convicted of a felony or certain misdemeanors; 

• How does this new proposal impact the people who have DACA who do not live in Texas? 
  • Initial applicants and existing DACA recipients who do not reside in Texas will receive all the benefits granted by DACA, including work authorization, and will be considered as lawfully present for purposes of INA § 212(a)(9).

• What does it mean to have Deferred Action without employment authorization. If you can’t work, what is the purpose of Deferred Action? 
  • Deferred action protects a DACA recipient or new applicant from deportation if they are detained by ICE. Deferred action is a temporary forbearance from removal from the United States which “does not confer any right or entitlement to remain in or to re-enter the U.S.” 
  • Although DACA protects recipients from deportation, the Department of Homeland Security’s new policies have led to the arrest and detention of individuals with DACA. DACA recipients should still exercise caution to minimize potential encounters with ICE. 

Considerations for Employers & Schools

• Expect potential disruptions in work authorization and student enrollment processes.
• Plan ahead and prepare alternative resources to support affected individuals.
• Takeaway: Employers and schools should have contingency plans to reduce disruptions.

ADDITIONAL IMMIGRATION UPDATES

The Federal Government Shutdown Impact

• Congress did not pass a spending bill, leading to a federal government shutdown.
• USCIS remains open (funded by application fees).
• DHS and EOIR operations are scaled back, and many immigration court hearings are being postponed, worsening case backlogs.
• Takeaway: Expect longer wait times and case delays until normal operations resume.

Health Care Misconceptions

• False claims are spreading that undocumented immigrants receive “free health care.”
• In reality, most are excluded from federal programs and pay out-of-pocket for medical services.
• Emergency care is the only universally available option.
• Takeaway: Be aware of misinformation – undocumented immigrants have very limited access to health services.