DACA Applications Set to Reopen, Except for Texas Residents

WASHINGTON — For the first time in four years, the federal government plans to begin processing initial applications for DACA, the Obama-era program that grants deportation protection and work permits to immigrants brought to the U.S. as children. The Justice Department announced this plan on Monday, which would allow first-time applicants in every state except Texas.

The proposal comes in response to an ongoing lawsuit in U.S. District Court located in Brownsville, Texas. Under the current proposal, Texas residents who already have DACA would retain their deportation protections but would no longer qualify for employment authorization.

DACA, or Deferred Action for Childhood Arrivals, has been at the center of legal disputes since former President Donald Trump attempted to end the program during his first term. The government’s new proposal specifies that recipients who move into Texas would risk losing their work eligibility, while those moving out of Texas could regain their two-year work permits. The proposal awaits a final decision from U.S. District Court Judge Andrew Hanen.

Juliana Macedo do Nascimento, deputy director of federal advocacy for United We Dream, emphasized that misinformation about the timing of initial applications has circulated widely on social media. “We’ve seen a lot of folks saying initial applications will start right away. That’s not true,” she explained, urging current DACA recipients to renew their applications promptly.

Currently, more than 600,000 individuals are enrolled in DACA, with Texas having the second-highest enrollment, following California. To qualify, immigrants must demonstrate that they came to the U.S. before age 16, have graduated high school or been honorably discharged from the military, and must not have serious criminal records.

The program has been in limbo due to ongoing court battles, leading many young people who would have otherwise qualified for DACA to be at risk of deportation. The Biden administration has faced challenges in safeguarding the program following Trump’s earlier attempts to dismantle it.

Los Angeles resident Atziri Peña, who runs a clothing company that supports DACA applicants, stated that many individuals in Texas are considering relocating to other states. She expressed concern that the latest move by the government exemplifies how the immigration system can separate families.

Senator Alex Padilla (D-Calif.) expressed his support for the administration’s decision to move forward with processing DACA applications, while also acknowledging ongoing efforts to terminate the program. He emphasized the importance of protecting Dreamers — recipients of DACA — who contribute significantly to society as educators and small business owners.

The legal battle surrounding DACA continues, with Texas leading a Republican lawsuit claiming the program’s benefits impose costs on the state while conflicting with the rule of law. United We Dream reported that at least 19 current DACA recipients have faced detention by immigration authorities in recent months, casting uncertainty on the protections the program affords.

“While we could still get detained, it’s a little bit of a sense of safety and hope,” Peña added, as many await the opportunity to apply for DACA afresh.