USCIS Accepts New DACA Applications While Court Restrictions Prevent Processing

The U.S. Citizenship and Immigration Services (USCIS) has begun accepting new initial applications for the Deferred Action for Childhood Arrivals (DACA) program, though current court restrictions prevent the agency from processing or approving these applications. This development represents a significant moment in the ongoing legal battle over the program that protects undocumented individuals who arrived in the United States as children from deportation.

While USCIS will receive and store new DACA filings, the agency cannot review, adjudicate, or issue work authorization until further court direction is provided. This "accept but don't process" approach stems directly from an injunction still in place under the Texas court order. The situation creates uncertainty for thousands of potential applicants who must navigate this complex legal landscape while their immigration status remains in limbo.

The legal challenges to DACA date back to findings by the Southern District of Texas and the Fifth Circuit Court of Appeals that the program was not lawfully implemented. In January 2025, the Fifth Circuit struck down key portions of the Biden Administration's DACA regulation but stopped short of completely ending the program. The court sent the case back to Judge Andrew Hanen to determine how DACA should operate moving forward, leaving the program in a state of partial suspension.

Current DACA recipients continue to have their renewal applications processed nationwide, and Advance Parole for international travel remains available to current DACA holders on a case-by-case basis. This partial functionality provides some stability for existing program participants while new applicants face indefinite waiting periods. The Department of Justice and Department of Homeland Security have asked the court to allow adjudication of new DACA applications outside Texas, arguing that Dreamers nationwide should not be penalized by a geographically limited ruling.

Legal analysts anticipate that regardless of how the Texas court rules next, the case is likely to return to the U.S. Supreme Court for a final decision on DACA's future in 2026. This ongoing legal uncertainty affects approximately 600,000 current DACA recipients and potentially hundreds of thousands of additional eligible individuals who have been unable to apply due to previous court restrictions. The program's instability creates challenges for employers, educational institutions, and communities that have integrated DACA recipients into their workforce and social fabric.

The ability to submit applications, even without immediate processing, provides a mechanism for preserving potential eligibility should court rulings change. This technical step signals the government's intent to maintain the program's infrastructure while legal challenges continue. For individuals affected by these developments, understanding the current limitations and potential future scenarios requires careful navigation of complex immigration law and policy.