DACA – Deferred Action for Childhood Arrivals

What DACA Provides

• Temporary protection from deportation
• Renewable work authorization every two years
• Eligibility for a Social Security number and, in many states, a driver’s license
   

What DACA Does Not Provide

• Permanent residency or a pathway to citizenship
• Guaranteed future protections (DACA remains tied to ongoing court challenges)
   

Why This Matters
Since 2012, more than 800,000 young people have built lives, careers, and families through DACA. The program has created opportunities in schools, workplaces, and communities across the country. Now, with initial filings reopening in most states, a new group of eligible youth may gain access to these protections.

To qualify, applicants must:

• Have entered the U.S. before age 16
• Have continuously resided in the U.S. since June 15, 2007
• Have been physically present in the U.S. on June 15, 2012, and at the time of applying
• Be under age 31 as of June 15, 2012
• Be enrolled in school, graduated, earned a GED, or honorably served in the U.S. military
• Have no felony, significant misdemeanor, or multiple minor convictions

• For the first time since 2021, USCIS may soon begin adjudicating new DACA applications. Federal immigration officials have revealed plans to reopen the Deferred Action for Childhood Arrivals program to new applicants to comply with a court order, though they cautioned the Trump administration retains the discretion to modify the Obama-era policy.
• The Justice Department filed confirmation with the court that USCIS has made plans to accept and process new DACA applications from immigrants not enrolled in the DACA initiative.  
• This is a major development for immigrant youth who were previously shut out of the program.  This proposal is not yet final and USCIS has not yet begun adjudicating initial applications.  

Initial Applications (Proposed Update, Sept. 2025):  Because of a recent federal court ruling, the rules for new DACA applicants now depend on where they live.  

• 🔷 Applicants outside Texas: Applicants outside Texas may soon qualify for full DACA benefits — deferred action, work authorization, and lawful presence — if the court approves the government’s proposal. 
• 🔷 Applicants inside Texas: Could only receive protection from deportation. Work permits and lawful presence would not be available.
• ⚠️ Important: This proposal is not final. USCIS is still not adjudicating initial DACA applications. Current recipients should continue to renew on time to avoid losing protection and work authorization.
• DACA recipients who move into Texas risk losing work authorization; moving out may allow the work permit to resume.  

Renewals: 

• Current recipients can continue to renew every two years. To avoid gaps in protection and work authorization, file renewals 120–150 days before expiration. 

➡️ If you have questions about how these changes affect you, Kennedy Law can guide you through renewals, travel with Advance Parole, and explore long-term immigration options.

On January 17, 2025, the Fifth Circuit Court of Appeals ruled that major parts of the Biden Administration’s DACA rule are unlawful.  (State of Texas, et al. v. United States).

•  ➤Outside Texas: All other states, including Maryland, Virginia, and D.C., follow federal rules.  Current recipients can renew and maintain work authorization.   Renewals remain available nationwide while the case continues.  
•  ➤ Inside Texas: Texas is the only exception.  In Texas, DACA provides only protection from deportation for new recipients (no work authorization or driver’s licenses).  Current DACA recipients in Texas keep their existing valid work permits.

USCIS is expected to issue updated guidance in response to this ruling.  

The future of DACA remains uncertain. It is critical to:

• Renew on time (120–150 days before expiration)
• Seek legal guidance to protect your status
• Explore long-term solutions beyond DACA

➡️ Kennedy Law makes sure renewals are complete, accurate, and filed on time, while also exploring whether the client qualifies for more permanent options.   

You may travel with Advance Parole—but only for approved reasons. USCIS continues to accept applications for:

• Educational purposes: Study abroad, research, or school-related programs
• Employment purposes: Overseas assignments, conferences, or training
• Humanitarian purposes: Visiting a seriously ill relative, funerals, or urgent medical treatment

Important: Because of ongoing legal challenges, Advance Parole always carries risk. Even with approval, re-entry is not guaranteed. Speak with an experienced immigration attorney before traveling.