DACA Update: What the Latest Court Filing Means for Dreamers

Oct 2

The Deferred Action for Childhood Arrivals (DACA) program has once again taken center stage in immigration news. In September, the federal government submitted a new court filing in Texas v. United States that could reopen opportunities for first-time DACA applicants nationwide, with one major exception: Texas.

If approved, this filing would mark a significant shift in the program’s availability after years of legal uncertainty. At The Law Office of Adebimpe Jafojo P.C., we are committed to helping families and individuals understand these changes so they can make informed decisions about their immigration journey.

What Is DACA?

DACA was first introduced in 2012 by the Department of Homeland Security (DHS). It provides certain undocumented individuals, often called Dreamers, who were brought to the United States as children with:

Protection from deportation
Work authorization (renewable every two years)

While DACA does not offer a pathway to permanent residency or U.S. citizenship, it has allowed hundreds of thousands of people to live, work, and study in the U.S. with greater security.

The Ongoing Legal Battle

Since its creation, DACA has faced constant legal and political challenges:

2017 – The Trump administration attempted to end DACA, sparking lawsuits.
2020 – The U.S. Supreme Court ruled that attempt was unlawful, keeping the program alive.
2021 – A Texas federal judge declared DACA unlawful and blocked approval of new applications.
2025 – The Fifth Circuit Court limited the injunction to Texas only, opening the door for a new interpretation.

What’s Changing in 2025

In late September 2025, the federal government asked the court to modify the current injunction. Here’s what that means:

Outside Texas – USCIS could resume processing first-time DACA applications and issue work permits.
Inside Texas – Applicants may only qualify for deferred action (protection from deportation) but would not receive work authorization or “lawful presence” status.
Renewals Nationwide – Current DACA recipients can continue to file for renewals without interruption.

This proposal creates a geographic split; with Dreamers in 49 states potentially gaining new access to DACA, while Texas residents remain under stricter limits.

What This Means for Dreamers

If the court approves the proposal:

Current Recipients should continue filing renewals on time to avoid any gaps in coverage.
First-Time Applicants Outside Texas may finally have their cases processed after years of being frozen.
Applicants in Texas will face limitations, as they could only receive deferred action without work permits.
Families Considering a Move should be cautious: moving to Texas could impact eligibility for employment authorization.

What’s Next?

The court must approve the government’s filing before USCIS can act. Until then, first-time DACA applications remain in limbo.

For now, Dreamers should:

Stay updated on the latest court decisions.
Work with an experienced immigration attorney to prepare strong applications.
Keep renewal requests timely to maintain work authorization and protection.

Bottom Line

The future of DACA remains uncertain, but this filing could reopen critical opportunities for thousands of Dreamers across the United States. While Texas residents remain restricted, the rest of the country may soon see the program restored for new applicants.

At The Law Office of Adebimpe Jafojo P.C., we are here to guide you through every step; from renewals to first-time applications — with clarity, compassion, and expertise.

📞 Schedule a consultation today to discuss your DACA status, renewal, or first-time application options.

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