Federal Government Could Resume Taking DACA Applications for Permits to Live and Work in U.S.
The federal government is preparing to reopen the Deferred Action for Childhood Arrivals (DACA) program for new applicants, marking the first time in four years that people could apply for temporary protection from deportation and work permits. Plans laid out by the Department of Justice and immigrant advocates were presented Monday before U.S. District Judge Andrew S. Hanen in Houston.
Texas Carveout Limits Work Permits
While the proposal would allow U.S. Citizenship and Immigration Services (USCIS) to accept both new and renewal applications nationwide, Texas residents would face restrictions. Under the plan, people living in Texas could apply for DACA protection but would not be eligible to receive work permits. Attorneys for DACA recipients have suggested a wind-down period to let Texans keep work authorization through one more renewal.
This carveout stems from a 2018 lawsuit filed by Texas against the program. Earlier this year, the 5th U.S. Circuit Court of Appeals ruled that DACA could continue, but with limits in Texas.
What DACA Provides and Who Qualifies
Created under the Obama administration, DACA grants renewable two-year permits to live and work in the U.S. to people brought into the country as children without legal status. It does not offer a path to citizenship but provides protection from deportation.
Eligibility includes entering the U.S. before turning 16, being under age 31 as of June 15, 2012, and having no felony convictions or significant misdemeanors. More than 533,000 people are currently enrolled, and the Migration Policy Institute estimates 1.1 million may be eligible nationwide.
Advocates Urge Preparation but Stay Wary
Immigrant advocates are cautiously optimistic but stress that nothing is finalized until Judge Hanen issues an order. “While we are still waiting for an official decision, we believe our communities and families should be prepared and begin gathering the required documents,” said Michelle Celleri of Alliance San Diego.
United We Dream’s Juliana Macedo do Nascimento noted that the proposal leaves room for future changes by the Department of Homeland Security. “We need to be able to look at this in a fuller picture than just this case, because we’re seeing the administration detain and deport DACA recipients,” she warned.
The next steps will unfold in October, when the government and advocates file additional responses. Judge Hanen will then decide which proposals to adopt in his final order.
