DACA Restored: Key Updates Following Government Filing in Texas Litigation

In a significant development for Deferred Action for Childhood Arrivals (DACA) recipients and applicants, the U.S. government has issued a long-awaited response in the Texas v. United States litigation. The court has partially lifted its injunction, allowing certain initial DACA applications to move forward, with geographic limitations. This shift brings both relief and complexity, particularly for individuals residing in or moving into and out of Texas.

Key Takeaways

1. Initial DACA Filings Resume – Outside Texas Only

• What’s New: USCIS will now adjudicate initial DACA applications filed both before and after the injunction—but only for applicants who reside outside Texas at the time of adjudication.
• Practical Effect: Individuals who never had DACA before may once again apply—provided they do not live in Texas.

2. Texas Residents Limited to Deferred Action Without Work Authorization

Scope of Relief: Applicants who reside in Texas can still be granted deferred action, but:

• They will not be granted Employment Authorization Documents (EADs).
• They will not receive a classification of lawful presence under current USCIS guidance.

3. State Residence Matters – Mobility Has Consequences

• Moving into Texas: An individual who relocates into Texas risks losing employment authorization, even if it was previously granted.
• Moving out of Texas: Those who relocate out of Texas may become eligible for an EAD and lawful presence classification again.
• Important: USCIS will assess state of residence at the time of adjudication, not just at the time of filing.

4. Renewals Proceed Nationwide

• Current Status: DACA renewal applications are being processed nationwide, including in Texas.
• Caution: The Texas court’s ruling could later extend to restrict renewals similarly. Applicants in Texas should consider timely filingbefore further changes occur.

Next Steps for Practitioners & Applicants

For Initial Filers (Non-Texas Residents):

• File now. USCIS has resumed adjudications for those residing outside Texas.
• Document proof of residence outside Texas at the time of adjudication.

For Texas Residents:

• Understand the limitations: No EAD or lawful presence classification will be issued.
• Consider legal counseling if contemplating relocation or if DACA is crucial for employment.

For Renewal Applicants:

• Continue submitting renewal requests without delay.
• Monitor future court decisions that may impact ongoing eligibility in Texas.

Legal Implications

This update marks a partial, but meaningful, restoration of DACA protections after years of litigation and uncertainty. However, the court’s geographic restrictions create a bifurcated system, potentially vulnerable to further judicial interpretation or policy shifts.

Attorneys should advise clients with sensitivity to:

• State of residence, both current and future;
• Documentation readiness (proof of continuous presence, education, etc.);
• Legal risks around employment and immigration status if moving into or out of Texas.