USCIS Prepares to Accept New DACA Applications, Subject to Court Order

U.S. immigration authorities have announced plans to reopen the Deferred Action for Childhood Arrivals (DACA) program for new applicants in response to a recent court order. This change would affect so-called “Dreamers”—young people who arrived in the U.S. as minors—by allowing them to apply for protection and work authorization.

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What Is DACA and Why Was It Closed to New Applicants?

DACA was created in 2012 under the Obama administration to protect young undocumented immigrants who came to the U.S. as children from deportation. Since 2021, the program has stopped accepting new applications due to ongoing litigation, though existing recipients could still renew. One key case is that of Judge Andrew Hanen in Texas, who ruled the program unlawful, prompting federal reviews and limitations.

How Would These Changes Be Implemented?

According to the Department of Justice, USCIS would begin accepting and processing new, initial DACA applications from individuals who were previously ineligible to apply. Applicants outside Texas could receive full benefits—protection from deportation and work authorization.
However, Texas residents would only receive protection from deportation, without work authorization or formal lawful presence. Moreover, if a DACA recipient relocates to Texas, their work permit could be revoked.

Who Would Qualify?

To qualify for DACA (either for the first time or renewal), applicants must meet key criteria, including:

• Having arrived in the U.S. before turning 16.
• Being enrolled in or having completed high school, obtained a GED, or served in the U.S. Armed Forces.
• Having no serious criminal convictions.

Risks, Challenges, and Open Questions

The program’s reopening depends on ongoing court decisions—so this change is not yet final. Differences between states create uneven access to benefits. The federal government has stated that these measures do not prevent DHS or USCIS from modifying DACA in the future. Meanwhile, some states continue to pursue efforts to end the program altogether, potentially affecting even current recipients.

Tips for Potential DACA Applicants

• Assess eligibility carefully before filing.
• Seek professional legal advice, as rules may vary by state.
• Monitor court rulings and official USCIS announcements.
• Gather documentation proving your residence, education, and other eligibility factors.
• Be aware of state-specific restrictions, especially if you live in or plan to move to Texas.

In Summary

The potential reopening of DACA offers a long-awaited opportunity for thousands of young people raised in the United States. However, ongoing court battles and state-level restrictions mean the situation remains fluid. Applicants should stay informed, consult trusted legal counsel, and be ready to act quickly if USCIS officially opens the process.

From: https://www.cbsnews.com/news/daca-applications-immigration-officials/

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