On Sept. 29, 2025, the Department of Justice filed a response brief in district court in State of Texas v. United States of America, outlining how it believes DACA should continue under the Fifth Circuit's January ruling. The DOJ proposed to permit USCIS to resume processing new, first-time DACA applications nationwide for the first time in years. To comply with the appellate decision, the proposal creates a carveout for Texas: applicants from Texas would be eligible for protection from deportation, but not for work authorization. In all other states, DACA would function as before, providing both deportation protection and work permits. If accepted, the plan would restart initial DACA adjudications more broadly while leaving Texas recipients at a disadvantage. The case is expected to proceed through additional litigation and potential appeals. This is both good news for initial DACA applicants and awful news for all DACA recipients in Texas.
It is important to note that no ruling has been issued by the court at this time; thus the status quo remains unchanged. For now, USCIS is processing DACA renewal applications, and accepting but not adjudicating initial DACA applications. Briefing in the case will continue through Oct. 27, 2025, after which the district judge may set a hearing or issue a decision. Please do not file a new DACA application until the case progresses more. If you would like to know more, give our office a call and set up a consultation.